HUDSON STREET EQUITIES GROUP v. Norman Lawrence, et al., Respondents. (2007)

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

HUDSON STREET EQUITIES GROUP, Petitioner-Appellant, v. Dana N. ESCOFFIER, etc., Respondent-Respondent, Norman Lawrence, et al., Respondents.

Decided: November 15, 2007

LIPPMAN, P.J., ANDRIAS, NARDELLI, GONZALEZ, KAVANAGH, JJ.

Thomas Fleishell & Associates, P.C., New York (Lisa Ornest and Susan C. Stanley of counsel), for appellant. Lynn M. Kelly, New York (Allegra Chapman of counsel), for Dana N. Escoffier, respondent.

Order of the Appellate Term of the Supreme Court of the State of New York, First Department, entered February 23, 2006, which affirmed a judgment of the Civil Court, New York County (Jerald R. Klein, J.), entered on or about November 30, 2004, after a nonjury trial in a nonprimary residence holdover proceeding, in favor of respondent tenant and against petitioner landlord, unanimously affirmed, without costs.

A fair interpretation of the evidence supports the findings that the subject apartment was at all relevant times tenant's primary residence, and that the house in Alabama, which was used by various members of tenant's large, extended family, was used by tenant only sporadically, mainly for family visits and as a place to stay when in Alabama for medical treatment (see 310 E. 23rd LLC v. Colvin, 41 A.D.3d 149, 837 N.Y.S.2d 134 [2007] ). We have considered petitioner's other arguments and find them unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network