Because he continued to live in a stabilized apartment after the death of the tenant-of-record, Ennismore Apartments filed a holdover proceeding to have Allan Gruet evicted.
Although a succession entitlement was alleged, the landlord learned that Gruet also claimed--in a different case--that he primarily lived in another building.
After the New York County Civil Court found in Gruet's favor, the landlord appealed.
Since the settlement in that other case was "so-ordered" by a judge and a final judgment was issued, and because he couldn't argue that he maintained a primary residence at two different regulated apartments at the same time, the Appellate Term, First Department, reversed and directed that the guy be evicted.
How to--not to--succeed.
To view a copy of the Appellate Term's decision, please use the following link: Ennismore Apts., Inc. v. Gruet