LUFKIN v. DRAGO


126 Misc.2d 177 (1984)

Daniel Lufkin, Petitioner, v. Armando C. Drago et al., Respondents.

Civil Court of the City of New York, New York County.

November 5, 1984


Attorney(s) appearing for the Case

Rosenberg & Estis, P. C. (Leila Kay Lengacher of counsel), for petitioner. Northrop & Jessop (Leon Harris of counsel), for respondent.


DAVID B. SAXE, J.

May a tenant, who has failed to occupy an apartment as his primary residence, be permitted to "cure" his nonprimary residence status after the landlord has commenced a summary proceeding against him on the grounds that the tenant does not maintain the apartment as his primary residence?

Respondent Armando Drago entered into possession of the premises, apartment 6-D, at 203 East 72nd Street in Manhattan in 1974 pursuant to a written...

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