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KATZ 737 CORP. v. BERNSTEIN

189 Misc.2d 179 (2001)

729 N.Y.S.2d 568

KATZ 737 CORPORATION, Appellant, v. DAVID BERNSTEIN, Respondent.

Supreme Court, Appellate Term, First Department.

May 15, 2001.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Paul N. Gruber and Robert D. Goldstein of counsel), for appellant.

Breier, Deutschmeister & Urban, P. C., New York City (Jason S. Deutschmeister and Miriam M. Breier of counsel), for respondent.

PARNESS, P. J., DAVIS and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered January 19, 2000 affirmed, with $10 costs.

By agreement of the parties in 1987, as memorialized in a consent judgment entered in Supreme Court, New York County, the apartment premises were exempted from rent stabilization "by virtue of the fact that the apartment is not and will not be occupied by [tenant] as his primary residence." It is not disputed that tenant resided outside New York City, rented...

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