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310 EAST 23RD LLC v. COLVIN

41 A.D.3d 149 (2007)

837 N.Y.S.2d 134

310 EAST 23rd LLC, Appellant, v. MELBA J. COLVIN, Respondent, et al., Respondents.

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

Decided June 7, 2007.

A fair interpretation of the evidence supports the findings that the subject apartment was at all relevant times respondent's primary residence and that the house she owns in upstate New York is a second residence that she uses on weekends, holidays and vacations (see Glenbriar Co. v Lipsman, 5 N.Y.3d 388, 392 [2005]; Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). Such evidence...

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