Ordered that the order of the Appellate Term is reversed, on the law, with costs, the order of the Civil Court dismissing the petition is vacated, and the matter is remitted to the Civil Court of the City of New York, Kings County, for a determination as to whether the landlords are entitled to recover possession of the subject apartment based on the nonprimary residence of the tenant.
The Civil Court erred in dismissing the petition on the basis that the landlords...
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