That is what the singer’s lawyer told a Manhattan judge Monday while hearing legal arguments about whether Madonna is violating her co-op board’s rule that apartment owners must be 'in residence' to let their adult children or maid live there for more than 30 days.
Madonna is suing the board of One West 64 St. charging that a stricter residency rule that it adopted in April 2014 imposed an unreasonable hardship on her and constitutes a breach of contract.
The building's lawyer, Patrick Sweeney, said the new rule was not a breach but a 'clarification' of an existing rule that is applied to every owner. He urged the court to dismiss her case.
Madonna's lawyer, Stuart Shaw, said his client has homes all over the world and travels extensively on tours, spending 'an inordinate amount of time in hotels.'
'Yet the place she calls home is 64th Street,' Shaw insisted.
He asked Manhattan Supreme Court Justice Gerald Lebovits to issue a declaration stating that Madonna is in residence there.
Lebovits said residency can be defined in many ways. He suggested that Madonna could be as protected as a tenant owner who is a traveling salesman, a college student or even an inmate with a short prison sentence.
'It's the same principle,' the judge said.
Sweeney said the board has never taken the position that Madonna has to be physically present for her oldest daughter, Lourdes, 20, to live there.
However, he asked the court to dismiss her lawsuit because she wants to make the 2014 rules 'unenforceable.'
The judge said he would issue a decision at a later date.
From NY Daily News