Landlord Proves Tenant Spent Most of Her Time at Bronx House

Landlord sued to evict rent-controlled tenant from Manhattan apartment for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Evidence showed that the majority of significant activity in tenant's life, including "daily living activities," took place in the Bronx, where tenant and her husband had life estates in a home they bought in 1982. Tenant paid taxes and maintained a Con Edison account for the Bronx property; her four doctors, dentist, and pharmacy were located in the Bronx; all of her surgeries took place in the Bronx; and tenant conducted her shopping and bank withdrawals in the Bronx, and she made those transactions frequently. Given her age and physical condition, the trial court didn't find credible tenant's claim that she only visited the Bronx regularly to take care of her husband when he was ill.

Galsack Realty Corp. v. Felipe: 63 Misc.3d 160(A), 2019 NY Slip Op 50886(U) (App. T. 1 Dept.; 6/5/19; Shulman, PJ, Gonzalez, J)