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WATERSIDE PLAZA GROUND LESSEE, LLC v. RWAMBUYA

15047, 105487/11.

131 A.D.3d 867 (2015)

17 N.Y.S.3d 387

2015 NY Slip Op 06867

WATERSIDE PLAZA GROUND LESSEE, LLC, Appellant, v. JOHN G. RWAMBUYA et al., Respondents.

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

Decided September 22, 2015.

Plaintiff (owner) is the net lessee and owner of 10 Waterside Plaza, a building within a Manhattan residential apartment complex. Defendants John G. Rwambuya and Yunia C. Rwambuya (parents) are the tenants of record of apartment 20-F (apartment) in the building. Defendant Joseph Rwambuya is their adult son (son). Owner seeks to recover the apartment based on its claim that the parents no longer occupy the premises as a primary residence. The parents concede that they no longer...

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