My client Mr. X is a very senior citizen who many decades ago bought a house upstate where, as a matter of routine, he spends most weekends.

Recently, the landlord learned about this house and now has started an eviction proceeding claiming my client’s primary residence is upstate and not in this city apartment. All my client’s documents show that he lives in the apartment and should defeat the landlord on the merits.

The problem is that while my client should be able to win on the merits, at what cost?

(a) Landlord will be allowed discovery which will be an examination of all tenants records with little help from the Court and very little privacy will be left to the tenant.

(b) Legal fees to defend this nature of eviction proceeding could make the tenant take out a second mortgage on the upstate residential property.

(c) Even if tenant wins at trial the landlord may go forward with appeals and this can go on for years.