ROSEFIELDE v. RENZULLI (1998)

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

Alan P. ROSEFIELDE, Plaintiff-Appellant, v. Josephine RENZULLI, Defendant-Respondent.

Decided: December 10, 1998

Before LERNER, P.J., and ELLERIN, ANDRIAS and SAXE, JJ.

Hein J. Hazenberg, for Plaintiff-Appellant. Donald Eng, for Defendant-Respondent.

Order, Supreme Court, New York County (Edward Lehner, J.), entered October 1, 1997, which granted defendant's motion for summary judgment to the extent of declaring that the subject apartment is not exempt from coverage under the Rent Stabilization Law and otherwise dismissing the complaint, unanimously affirmed, with costs.

In light of plaintiff's failure to adduce proof in evidentiary form sufficient to controvert defendant's showing that the subject apartment is her primary residence, defendant's motion for summary judgment, inter alia, declaring that the apartment remains subject to the Rent Stabilization Law was properly granted (see, Friends of Animals, Inc. v. Associated Fur Mfrs., Inc., 46 N.Y.2d 1065, 416 N.Y.S.2d 790, 390 N.E.2d 298).

MEMORANDUM DECISION.

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