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GLENBRIAR CO. v. LIPSMAN

5 N.Y.3d 388 (2005)

838 N.E.2d 635

804 N.Y.S.2d 719

GLENBRIAR CO., Appellant, v. S. LEE LIPSMAN et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 2005.

Attorney(s) appearing for the Case

Mitofsky, Shapiro, Neville & Hazen LLP, New York City (Terry L. Hazen of counsel), for appellant.

Elizabeth A. Shollenberger, White Plains, for respondents.

Before: Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Judge G.B. SMITH; Judge ROSENBLATT concurs in a separate opinion in which Judge R.S. SMITH also concurs.

OPINION OF THE COURT

G.B. SMITH, J.

The issue here is whether the petitioner landlord established that respondent tenants of a rent-stabilized apartment were not using the premises as their primary residence as required by the Rent Stabilization Code. The Appellate Term, affirmed by the Appellate Division, found that the landlord had not met its burden, and that finding is beyond our power to review. We, therefore...

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