SILVERSMITH & VERAJA

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SUMMARY JUDGMENT GRANTED LANDLORD AGAINST RESIDENTIAL TENANT FOR NON-PRIMARY RESIDENCE.

Case: Patjen Realty Corp. v. Fong Keung Chin

Citation: Civil Court, New York County, L&T Index 52201/10

Attorney: Robert Silversmith

In a summary holdover proceeding based upon non-primary residence, the Court granted the Landlord’s motion for summary judgment because the Landlord’s evidence supporting the motion was substantial, relevant and sufficient. The burden shifted to the tenant to show by documentary evidence, and otherwise, a connection, or an ongoing substantial physical nexus for actual living purposes, which the tenant failed to do.