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Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted tenant's request to dismiss the case without a trial. Landlord appealed, and the case was reopened. Tenant didn't prove that as a matter of law she intended to move back into the apartment as her primary residence at the end of the sublease. Tenant's own correspondence to landlord during the two weeks before the proposed sublet period started was vague and inconsistent.
