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LINCOLN PLAZA ASSOCS. v. SELBER BROS., INC.

138 A.D.2d 266 (1988)

Lincoln Plaza Associates, Appellant, v. Selber Bros., Inc., et al., Respondents

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

March 15, 1988

Plaintiff, the landlord of a rent-stabilized apartment, brought an action seeking a judgment declaring that defendant, the tenant of that apartment, does not occupy it as a primary residence. Inasmuch as Supreme Court has subject matter jurisdiction (Central Park S. Assocs. v Hackel, 104 A.D.2d 344 [1st Dept 1984]), and questions of fact are presented which preclude summary judgment, defendant's motion should have been denied. This...

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