SANTORINI EQUITIES v. PICARRA

570367/05, 866.

72 A.D.3d 73 (2010)

899 N.Y.S.2d 1

SANTORINI EQUITIES, INC., Respondent, v. FRANCISCO PICARRA et al., Appellants.

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

Decided January 28, 2010.


Attorney(s) appearing for the Case

José Luis Torres , White Plains, for appellants.

Kossoff & Unger , New York City ( Michael David Nachtome of counsel), for respondent.

TOM, J.P., FRIEDMAN, MOSKOWITZ and RICHTER, JJ., concur.


OPINION OF THE COURT

CATTERSON, J.

In this action, Santorini Equities, Inc. (hereinafter referred to as the landlord) sought to terminate a tenancy based upon non-primary residency. After a nonjury trial, the court awarded possession of the subject premises to the landlord. The trial court held that the tenant did not occupy his apartment for at least 183 days in the year 1999 and possibly 2000. Nevertheless, for the reasons set forth below, we reverse and...

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