MATTER OF 135 WEST. 13 LLC v. STOLLERMAN

4315. 77055/10. 570847/14.

151 A.D.3d 598 (2017)

2017 NY Slip Op 05048

55 N.Y.S.3d 52

In the Matter of 135 WEST. 13 LLC, Respondent, v. JUDITH STOLLERMAN et al., Appellants.

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

Decided June 20, 2017.


Respondents, who are in their 80s, have been joint lessees of a studio apartment and a one-bedroom apartment, Apartments 3 and 4, respectively, the only apartments on the second floor of the subject premises, for more than 40 years, under a succession of landlords. Petitioner, the current landlord, established prima facie that Apartment 4 was not respondents' primary residence by presenting surveillance video and Con Edison's records of electrical usage (see Rent Stabilization...

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