86 West Holdings LLC v. Singh

In a non-primary residence holdover, the court upheld the successor-tenant's succession claim after a seven-day trial. The landlord sought possession alleging the tenant of record failed to maintain primary residence. The key legal issue involved the successor-tenant's two periods of incarceration, which the court determined did not interrupt the required two-year co-residency period for succession under Rent Stabilization Law §2523.5(b)(3)(iii). The court found the successor-tenant proved co-residency with the tenant of record from 2010 through December 31, 2014, and dismissed the landlord's petition with prejudice, granting judgment for the successor-tenant.