Apartment Listed on Tenant's Documents

December 1, 2002

LVT Number: 16262

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant listed the apartment as her address on various documents, including her driver's license, credit card and bank statements, and voter registration records. Although tenant admitted staying at her husband's residence in England for considerable periods of time, they maintained separate primary residences.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant listed the apartment as her address on various documents, including her driver's license, credit card and bank statements, and voter registration records. Although tenant admitted staying at her husband's residence in England for considerable periods of time, they maintained separate primary residences. Tenant showed that she visited England with one suitcase and kept all her furniture and personal belongings in the New York apartment, where she returned regularly.

Weinreb v. Martin: NYLJ, 11/20/02, p. 21, col. 1 (App. T.1 Dept.; McCooe, Gangel-Jacob, Schoenfeld, JJ)

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