In this landlord-tenant nonprimary residence action for a declaratory judgment, the IAS court denied defendant's motion for summary judgment, finding that there were issues of fact concerning the substantive issue of whether the defendant occupied the apartment as his primary residence.
Since we find that the plaintiff landlord's action is procedurally infirm, we reverse and dismiss.
Defendant has resided at apartment 4F at 627 West 113th Street for over 25...
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