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Schwartz v. City of New York – Case Brief Summary (New York)

In Schwartz v. City of New York (74 AD3d 945, 946, 903 NYS2d 93 [2010]), the Appellate Division found that the exception applied to a corporate entity.

This corporate entity owned a 50% share of the premises in common with an individual owner who owned the remaining 50% share of the premises and who resided in the premises.

The ownership of this corporate entity was split between a person who resided at the premises at issue and one who did not reside there.

Despite these facts, the Appellate Division concluded that the corporate entity was entitled to dismissal of the complaint based on the exception.