New York state's top court was set to hear arguments Wednesday to overturn Bianca Jagger's eviction from a rent-stabilized Park Avenue apartment in Manhattan.

The ex-wife of Rolling Stone lead singer Mick Jagger contends the apartment was her primary residence, and that building owner Katz Park Avenue Corp. was wrong in refusing to renew her lease when it expired in February 2005.

Katz argues that as a British citizen with a temporary visa Jagger cannot have a primary residence in the United States. A trial court disagreed. But a midlevel appeals court split 3-2 and upheld the eviction.

Katz has rented to a new tenant. Arguments were scheduled for Wednesday afternoon.