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CLARIDGE GARDENS, INC. v. MENOTTI

160 A.D.2d 544 (1990)

Claridge Gardens, Inc., Appellant-Respondent, v. Gian Carlo Menotti et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 19, 1990

The tenant is a well-known musician who spends relatively little time in the subject apartment. While that, alone, is not a sufficient basis for a finding of nonprimary residence (Coronet Props. Co. v Brychova, 122 Misc.2d 212, affd 126 Misc.2d 946), the trial court's determination was not based merely on the amount of time the tenant spent in the apartment. Competent evidence in...

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