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CARMINE LIMITED v. GORDON

41 A.D.3d 196 (2007)

837 N.Y.S.2d 146

CARMINE LIMITED, Appellant, v. TERENCE GORDON et al., Respondents.

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

Decided June 14, 2007.

We find that petitioner landlord carried its burden of proving, by a preponderance of the evidence, that respondent Jane Gordon was not using the subject rent-stabilized apartment as her primary residence, thereby entitling landlord to recover possession of the apartment from her pursuant to Rent Stabilization Code (9 NYCRR) § 2524.4 (c) (see Glenbriar Co. v Lipsman, 5 N.Y.3d 388,...

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