Because Ninth Avenue Realty believed that its rent-stabilized tenants--Charles McKay and Bret Silver--actually lived in Orange County, their tenancy was terminated and a nonprimary-residence holdover proceeding was filed against them.
Finding that the tenants worked in Manhattan, used their "fully furnished" apartment during the week, attended events in the City, and entertained guests in the unit, the New York County Civil Court opted to dismiss the case. (The Court also thought the landlord had conceded that the tenants spent over 183 days a year in the apartment, and that the Orange County residence was only a "weekend/vacation home.")
On appeal, the Appellate Term, First Department, saw the case's dismissal as consistent with a "fair interpretation of the evidence." (While McKay and Silver listed their Orange County home on some of their documentation, the AT1 didn't think that warranted a nonprimary residence finding.)
Was there no Silver lining for that landlord?
To view a copy of the Appellate Term's decision, please use this link: Ninth Ave. Realty LLC v. McKay