I begin with an update on the first case in the April 9 column on the Hurricane Sandy class action, Adler v. Ogden Cap Properties. The column quoted lawyers from my firm, who represented certain defendants in Adler. The comments discussed whether an appeal was perfected. This matter is not resolved. Plaintiffs advise that they intend to pursue an appeal pursuant to Section 600.11 of Appellate Division First Department Rules. Adler v. Ogden Cap Properties, 650292/2013, NYLJ 1202633381044 (Sup. N.Y., Decided Dec. 11, 2013) Kornreich, J.).
Landlord-Tenant—Rent Stabilization— Non-Primary Residence—Appellate Division Affirmed Trial Court’s Finding That Tenant Actually Resided In Vermont From 2004-2006 and Had Not Used her New York Apartment as her Primary Residence During That Time—Standard for Appellate Review of Non-Primary Residence Cases
