Appellate Division of the Supreme Court of New York, First DepartmentDec 10, 1998
681 N.Y.S.2d 263 (N.Y. App. Div. 1998)
681 N.Y.S.2d 263256 A.D.2d 92

December 10, 1998

Appeal from the Supreme Court, New York County (Edward Lehner, J.).

In light of plaintiff's failure to adduce proof in evidentiary form sufficient to controvert defendant's showing that the subject apartment is her primary residence, defendant's motion for summary judgment, inter alia, declaring that the apartment remains subject to the Rent Stabilization Law was properly granted ( see, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065).

Concur — Lerner, P. J., Ellerin, Andrias and Saxe, JJ.