Pamela A. Draper, Respondent v. Georgia Properties, Inc., Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division’s grant of summary judgment to the tenant in a rent‑overcharge action. The Court held that the landlord’s lease condition requiring the tenant to represent that the apartment would not be her primary residence violated the Rent Stabilization Code, and the tenant’s evidence of primary residence eliminated any triable issue of fact.