Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New York Real Estate Law ReporterKickerFeaturesSectionsNewsLJN Newsletters

Nonprimary Residence Proceedings

By Stewart E. Sterk
November 27, 2013

If a trial court determines, in a landlord's nonprimary residence holdover proceeding, that a tenant did ' or did not ' maintain his primary residence in his rent-stabilized apartment, what standard of review must an appellate court apply in reviewing that determination? In 409-411 Sixth Street, LLC. V. Mogi, 2013 N.Y. Slip Op. 06604, decided on Oct.10, the Court of Appeals addressed the issue, and reversed the First Department's determination for according insufficient deference to the trial judge's determination. The court endorsed a standard articulated in an earlier First Department opinion, Claridge Gardens v. Menotti, 160 A.D.2d 544, 544-45, holding that the trial court's determination should not be disturbed “unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses.”

The Mogi Case

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.