NY Court Clarifies Appellate Division's Power In Housing Spats

Law360, New York (January 2, 2014, 6:06 PM EST) -- The New York State Court of Appeals on Tuesday overturned an Appellate Division decision that sided with the tenant in a dispute over primary residency at an East Village apartment building, finding that the lower appellate court had improperly reconsidered evidence that it could not appropriately evaluate.

After the appellate term had affirmed the housing court's determination that the defendant had not been using her rent-stabilized apartment as her primary residence, it subsequently turned the matter on its head after reviewing court transcripts, siding with the...
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