What is the burden of establishing that the 53rd Street business apartment is a primary residence for the tenant?
"New York", United States of America
The following excerpt is from Sarraf v. Szunics, 132 Misc.2d 97, 503 N.Y.S.2d 513 (N.Y. City Ct. 1986):
Initially it should be observed that the burden is on the landlord to establish that the tenant maintains a primary residence at some place other than the subject premises. Katz v. Lubotta, N.Y.L.J., May 20, 1985, p. 13, c. 6 (App. Term, 1st Dept.). Thus, to prevail petitioner must establish that the 53rd Street business apartment is her primary residence.
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