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ROCKY 116 v. WESTON

195 Misc.2d 363 (2003)

759 N.Y.S.2d 282

ROCKY 116 L.L.C., Respondent, v. STANLEY WESTON, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

March 3, 2003.

Attorney(s) appearing for the Case

Robert E. Levy, New York City, for appellant.

Belkin Burden Wenig & Goldman, LLP, New York City (Joseph Burden, Magda L. Cruz and Jay H. Berg of counsel), for respondent.

McCOOE, J.P., DAVIS and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment entered on or about June 17, 2002 affirmed, with $25 costs.

The trial evidence, fairly interpreted, supports Civil Court's conclusion that tenant does not primarily reside in the subject studio apartment. The record clearly establishes that tenant— along with a woman who tenant described at trial as his "long-term girlfriend"—spent substantial...

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