318 EAST 93, L.L.C. v. WARD


276 A.D.2d 277 (2000)

713 N.Y.S.2d 860

318 EAST 93, L. L. C., as Successor to GREAT NORTH REALTY, INC., Appellant, v. MARY T. WARD, Also Known as MAISIE T. WARD, Also Known as MARY WARD, Respondent, et al., Respondents.

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

Decided October 5, 2000.


In this summary holdover proceeding to recover possession of a rent-controlled apartment on the ground that it had not been occupied as a primary residence, Civil Court determined, after a nonjury trial, that petitioner landlord failed to meet its burden to establish non-primary residency by a preponderance of the evidence. We see no basis to disturb Civil Court's resolution of the issues of fact and credibility raised at the trial of this matter since it is far from "obvious...

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