Credit and debit card statements suggesting that a woman spent more time in her Vermont summer cottage than in her rent-stabilized East Village studio are not enough to evict her, a divided state appellate panel ruled yesterday, reversing a lower court judge.

The 3-2 decision from the Appellate Division, First Department, in 409-411 Sixth Street v. Mogi, 570068/09, reversed findings by both the Appellate Term, First Department, and Manhattan Civil Court Judge Jean Schneider (See Profile).

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