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TOA CONSTR. CO. v. TSITSIRES

54 A.D.3d 109 (2008)

861 N.Y.S.2d 335

TOA CONSTRUCTION CO., INC., Appellant, v. MICHAEL TSITSIRES, Respondent, et al., Respondents.

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

July 8, 2008.

Attorney(s) appearing for the Case

Steven S. Sieratzki and Arnold Davis, New York City, for appellant.

Davis Polk & Wardwell, New York City (Kevin P. Hancock and Sarah S. McDonald of counsel), for respondent.

GONZALEZ and SWEENY, JJ., concur with SAXE, J.; MAZZARELLI, J.P., and ANDRIAS, J., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

SAXE, J.

The laws of rent stabilization do not allow for the indefinite retention of the right to rent-stabilized premises by a tenant who does not actually reside in the premises and has no intent to return to reside there at any point in the future. This is no less true where, as here, the tenant's inability to ever reside there is caused by his mental illness. An apartment used by the tenant solely as a mail drop and storage space...

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