RSP 86 Property LLC, wanted to evict Martin S.--an 89 year-old Manhattanite rent-stabilized tenant who spent weekends and summers in the Hamptons and winters in Florida--on the grounds that his apartment wasn’t his primary residence.
Both the New York County Civil Court and the Appellate Term, First Department, were of the view that Martin couldn’t be evicted because most of his important documents listed the Manhattan apartment as his residence, he received his mail there, never sublet the unit, and received his medical treatments in the New York City area.
To living well!
To view a copy of the Appellate Term’s decision, please use this link: RSP 86 Prop. LLC v. Sylvester