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MHM SPONSORS CO. v. VERNON

38 A.D.3d 266 (2007)

831 N.Y.S.2d 383

MHM SPONSORS CO., Respondent, v. BERNARD VERNON et al., Appellants, and "JOHN DOE" et al., Respondents.

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

Decided March 8, 2007.

Respondent tenants do not directly challenge the evidence which supports the conclusion that they did not use the apartment as their primary residence (see Rent Stabilization Code [9 NYCRR] § 2524.4 [c]; see generally Cox v J.D. Realty Assoc., 217 A.D.2d 179, 185 [1995]).

Contrary to respondents' assertions, it is clear that the only aspect of the prior Collyer

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