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KATZ PARK AVE. v JAGGER

11 N.Y.3d 314 (2008)

KATZ PARK AVENUE CORP., Respondent, v. BIANCA JAGGER, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Argued September 3, 2008.

Attorney(s) appearing for the Case

Law Offices of Roger D. Olson, New York City (Roger D. Olson of counsel), Lewis & Roberts, PLLC, Raleigh, North Carolina (Daniel K. Bryson of counsel), and Law Office of Ryan S. Goldstein, PLLC, New York City (Ryan S. Goldstein of counsel), for appellant.

Belkin Burden Wenig & Goldman, LLP, New York City (Magda L. Cruz, Sherwin Belkin and Kristine L. Grinberg of counsel), for respondent.

OPINION OF THE COURT

SMITH, J.

We hold that, at least in the absence of unusual facts, a foreign national who is in the United States on a tourist visa cannot meet the "primary residence" requirement of New York City's rent regulations.

Defendant's landlord brought this ejectment action to remove her from a rent stabilized apartment in Manhattan. The landlord alleged that "the Premises are not occupied . . . as the Tenant's primary residence." In...

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