In Levinson v. 390 West End Associates, LLC (22 AD3d 397 [1st Dept 2005]) a landlord and a tenant entered into a lease, which falsely provided that the tenant did not intend to use the apartment as his primary residence, and, therefore, the apartment would be exempt from rent stabilization during his tenancy (id. at 398). The tenant's initial rent was $ 1,600 per month, as opposed to $ 903.31 paid by the prior tenant. The landlord and tenant obtained a consent judgment from the Supreme Court, New York County, stating that the apartment was exempt from rent stabilization during the tenant's tenancy. The Levinson court analogized its case to Thornton, held that the DHCR registration statements filed as of the base date were unlawful, and applied the Thornton default formula in establishing the base date rent (id. at 401).