Tenant appeals from so much of an order of the Civil Court, New York County, dated February 24, 2003 (Laurie L. Lau, J.) as denied tenant's motion to dismiss the petition as [*2]time-barred by the Statute of Limitations (CPLR 212[a]; CPLR 213[1]) and granted landlord's cross motion to strike tenant's first, second, third, fourth, seventh, ninth and tenth affirmative defenses, amend the petition as to the multiple dwelling registration and conduct disclosure in this nonprimary residence holdover proceeding. Landlord cross-appeals from so much of the same order as denied its cross motion to strike tenant's eighth affirmative defense.

PER CURIAM:

Order dated February 24, 2003 (Laurie L. Lau, J.) affirmed, with $10 costs.

The Statute of Limitations is not a defense to landlord's claim that the rent regulated apartment is not the statutory tenant's primary residence since, under the City Rent and Rehabilitation Law (§ 26-403[e][2][i][10]), a rent controlled tenant has a continuing duty to occupy the premises as a primary resident. Similarly, tenant's defense of waiver premised upon landlord's knowledge of tenant's Nassau County residence for several years prior to the commencement of this holdover proceeding is without legal merit (Kev Realty Co. v Goldfarb, NYLJ, November 18, 1993, at 29, col 6 [App Term, 1st Dept]; Rose Assocs. v Weisenthal, NYLJ, May 16, 1988, at 14, col 1 [App Term, 1st Dept]).

We have considered tenant's remaining arguments and find them to be without merit.

Landlord's cross appeal, not having been briefed, is deemed abandoned.

This constitutes the decision and order of the court.