LONDON TERRACE GARDENS, L.P. v. HELLER

570560/09.

2009 NY Slip Op 29431

LONDON TERRACE GARDENS, L.P., Appellant, v. KENNETH HELLER, Respondent-Tenant-Respondent.

Supreme Court, Appellate Term, First Department.

Decided October 23, 2009.


PER CURIAM.

The notice of termination underlying this nonprimary residence holdover proceeding broadly states that tenant has not "maintained an ongoing, substantial, physical nexus with the [rent controlled] premises for actual living purposes"; that tenant has "failed to spend more than 183 days out of the preceding year residing at the premises, as confirmed and substantiated" by unidentified building employees; and that "[n]o building personnel [have] seen [tenant...

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