Hudson Street Equities Group v. Escoffier

This is the second proceeding be*65tween these parties regarding the subject apartment to come before this panel. The first proceeding was an illegal sublet where the issue was whether the tenant Escoffier contemporaneously resided at the subject apartment with the occupant. This primary residence proceeding raises essentially the same issue: whether the landlord has established that Escoffier did not maintain an ongoing, substantial, physical presence at the subject apartment for actual living purposes (East End Temple v Silverman, 199 AD2d 94 [1st Dept 1993]). Simply stated, the issue in both…