Landlord, as limited by its briefs, appeals 1) from that portion of an order of the Civil Court, New York County, dated February 3, 2003 (Ernest J. Cavallo, J.) which, on reargument, granted tenant's motion for summary judgment dismissing the nonprimary residence holdover petition, and 2) from an order of the same court and Judge, dated May 6, 2003, denying landlord's motion to renew the aforesaid order of February 3, 2003.

PER CURIAM:

Order dated February 3, 2003 (Ernest J. Cavallo, J.), insofar as appealed from, reversed, with $10 costs, tenant's motion for summary judgment denied and petition reinstated.

Appeal from order dated May 6, 2003 (Ernest J. Cavallo, J.) dismissed, without costs, as academic.

This nonprimary residence holdover proceeding is not susceptible to summary dismissal. The evidence submitted, including the tenant's own deposition testimony, raises material questions of fact as to the nature of what the motion court described as the tenant's "complex familial relationships" and the extent of the tenant's presence at and usage of the subject West 57th Street apartment, his marital residence in Alpine, New Jersey, and a Florida [*2]address specified in his tax returns. It cannot be said that tenant carried his burden to demonstrate a prima facie entitlement to judgment as a matter of law (see, Winegrad v New York Univ. Med. Ctr., 86 NY2d 851 [1985]; West 15th St. Assocs. v Sassoonian, 156 AD2d 137 [1989]).

This constitutes the decision and order of the court.