Dunaway's landlord filed a complaint on Aug. 2 seeking to evict her from the apartment on East 78th Street, alleging it is not her primary residence. A hearing scheduled for Thursday was adjourned. Instead, Dunaway's lawyer Elizabeth Shollenberger met with the landlord's attorney, Craig Charie of Rosenberg & Estis, in an effort to resolve the matter.

"We didn't come to a settlement today," Shollenberger said afterward. The parties will return to court on Oct. 4. Dunaway, 70, is in California, and was not present. Dunaway first signed a lease for the one-bedroom apartment in 1994, and her rent is $1,048.72 a month.

In court papers, Henry Moses of 7 of 8 Realty Co. claimed Dunaway maintains a home in West Hollywood, California, where she is registered to vote and has a driver's license. Shollenberger told a crowd of reporters that the actress calls New York her home, and she is not voluntarily leaving the apartment. "She has not moved out," the veteran housing lawyer said, contradicting what Dunaway said in a phone interview on Aug. 3, when she said she left the apartment in May. Dunaway has expressed concern about the condition of the apartment, Shollenberger said.