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Tenant’s Husband Maintained Separate Residence

Issue Date: June 2003,

Posted On: 6/1/2003

Tenant’s Husband Maintained Separate Residence

Riverton Assocs. v. Russell: Index No. 250331/02 (Civ. Ct. NY 5/12/03; Acosta, J) [3-pg. doc.]

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.)

Landlord sued to evict Manhattan rent-stabilized tenant for non primary residence. Tenant’s husband maintained a separate apartment in Queens. Landlord argued that this showed that tenant also lived in the Queens apartment. The court ruled against landlord. Tenant proved through believable testimony and documentary proof that she primarily resided at the Manhattan apartment. Tenant produced bank and credit card statements, a driver’s license, income tax returns, and gas and utility bills connecting her to the subject apartment.

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