After 521 East 5th LLC filed a nonprimary residence holdover case against its tenant, the New York County Civil Court dismissed the case because the judge didn't think the landlord had established that the tenant -- Daniel Brandon -- wasn't really living in the unit.
On appeal, the Appellate Term, First Department, sent the case back for a new trial -- particularly because the owner had provided the court with surveillance tapes showing Brandon infrequently visited the apartment and there were documents which established that the guy received his mail in the State of Washington. (The building's superintendent also testified that he rarely saw Brandon and that others actually occupied the unit.)
Someone likes to watch.
To view a copy of the Appellate Term's decision, please use this link: 521 E. 5th LLC v. Brandon