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Glenbriar Co. v. Lipsman

5 N.Y.3d 388, 804 N.Y.S.2d 719, 838 N.E.2d 635 (2005)

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Glenbriar Co. v. Lipsman

New York Court of Appeals
5 N.Y.3d 388, 804 N.Y.S.2d 719, 838 N.E.2d 635 (2005)

Facts

S. Lee Lipsman and Lillian Lipsman (defendants) were tenants in a rent-controlled apartment owned by Glenbriar Company (plaintiff). Glenbriar sued the Lipsmans, seeking to terminate their lease on the ground that the Lipsmans did not use the apartment as their primary residence because they spent half the year in Florida. The civil court ruled for Glenbriar. The appellate term reversed. After reviewing the facts, the appellate division affirmed the appellate term’s ruling in the Lipsmans’ favor. Glenbriar appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, G.B., J.)

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