615 Co. v. Mikeska

In 615 Co. v. Mikeska (75 NY2d 987, 556 NE2d 1069, 557 NYS2d 262 [1990]), the landlord sought, prior to the window period, a judgment declaring that the tenant was not a primary resident. In denying such relief, the Court ruled that the fact that "a tenant is not using the premises as a 'primary residence' does not entitle the landlord to eviction during the lease term, but only to nonrenewal, and the landlord's right to nonrenewal on this basis can be interposed only during times specified by statute in the window period" (at 988).