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A PORTUGUESE RESTORATION?

j0433998.jpgIn Santorini Equities v. Picarra , Francisco Picarra and his daughters, Rachel and Sonya, claimed they shouldn't be evicted from their Manhattan rent-stabilized "310-square foot walk-up apartment"

Even though Francisco spent much of each year with his wife and family in Portugal, he still felt he had a right to keep his regulated unit because his daughters had returned to the U.S. and occupied the apartment while attending college.

Since the premises weren't Francisco's "primary" residence, and the daughters couldn't establish a succession entitlement, the New York County Civil Court entered judgment for the landlord and ordered an eviction.

Due to Francisco's failure to maintain an "ongoing, substantial, physical nexus" with the unit, the Appellate Term, First Department, affirmed.

Did that signal the fall of the House of Picarra?

j0296997.gifTo download a copy of the Appellate Term's decision, please use this link: Santorini Equities v. Picarra

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