405 E. 56TH ST., LLC v. MALFA

570711/10.

35 Misc.3d 84 (2012)

946 N.Y.S.2d 825

2012 NY Slip Op 22097

405 EAST 56TH STREET, LLC, Appellant, v. CHRISTOPHER MALFA, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided April 13, 2012.


Attorney(s) appearing for the Case

Jeffrey M. Goldman and Judith M. Brener , New York City, for appellant. Gallet Dreyer & Berkey, LLP, New York City ( Beatrice Lesser of counsel), for respondent.

SHULMAN, J.P., SCHOENFELD and TORRES, JJ., concur.


OPINION OF THE COURT

PER CURIAM.

Final judgment, entered on or about August 11, 2010, reversed, petition reinstated, and matter remanded for a new trial consistent with this opinion, with $30 costs to abide the event.

The evidence presented at the trial of this nonprimary residence holdover proceeding showed, and it is not seriously disputed, that tenant made only minimal, daytime use of the East 56th Street stabilized apartment here at issue for...

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