90-Year-Old Tenant Was Absent from Apartment Due to Injuries in Portugal

Landlord sued to evict 90-year-old rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant primarily resided in Portugal. The trial court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant had lived in the apartment for 50 years and showed that her absence from the apartment was temporary and excusable. The trial court found tenant credible after she showed that she was unable to travel back to New York from her Portugal vacation home due to two slip-and-fall accidents resulting in physical injuries. She also had several underlying medical conditions that required many hospitalizations, therapy, and rehabilitation. While away, tenant maintained all of her personal belongings in the apartment, received mail there, and didn't sublet the unit. And, although tenant's medical records were in Portuguese and therefore inadmissible before the trial court, there was sufficient credible testimony to support the trial court's ruling.

200 E. 62nd Owner LLC v. Grafstein: 66 Misc.3d 139(A), 2020 NY Slip Op 50100(U) (App. T. 1 Dept.; 1/29/20; Shulman, PJ, Cooper, J)