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Landlord & Tenant

Landlord Recovers in Nonprimary Residence Proceeding

Cadillac Leasing, L.P. v. Kiely

NYLJ 3/30/16, p. 31, col. 5

AppTerm, Second Dept. (memorandum opinion)

In landlord's nonprimary residence proceeding, landlord appealed from Civil Court's judgment dismissing the proceeding. The Appellate Term reversed and directed entry of final judgment for landlord, holding that occupant had not established that she lived in the apartment for two years before tenant vacated.

Named tenant moved out of the apartment when she got married in 1995. Occupant, her sister, signed tenant's name on renewal leases between 1995 and 2012. When landlord then brought this nonprimary residence proceeding against tenant, occupant asserted succession rights to the apartment. Civil Court agreed and dismissed the proceeding.

In reversing, the Appellate Term held that because the tenant never surrendered the premises, she cannot be said to have permanently vacated the apartment. Because tenant did not live in the apartment for the two years immediately preceding the expiration of the last renewal lease, occupant could not show that she lived in the apartment with the tenant during that time. As a result, landlord was entitled to a judgment of possession.

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