MATTER OF ROSE ASSOCS. v. STATE DIV. OF HOUS. & CMTY. RENEWAL, OFFICE OF RENT ADMIN.


121 A.D.2d 185 (1986)

In the Matter of Rose Associates, Respondent, v. State Division of Housing and Community Renewal, Office of Rent Administration, Appellant

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

June 5, 1986


Petitioner landlord instituted these proceedings to decontrol the subject rent-controlled apartment on January 8, 1982. Its application alleged that the subject premises were not the tenant's primary residence and that instead she resided with her husband at another Manhattan address. The tenant answered by alleging that the subject apartment has always been her primary residence since she first moved there in 1954. She also claimed that an identical proceeding instituted...

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