Landlord Uses MetroCard Records to Show that Tenant Commuted from Brooklyn

December 1, 2002

LVT Number: 16263

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Facts:Landlord sued to evict tenant for nonprimary residence. Tenant and her husbandowned a house in Brooklyn, and their daughter went to school in Brooklyn. Tenant claimedthat she lived in the Manhattan apartment most of the time because of marital problems. Court:Landlord wins. Tenant showed no proof of marital problems. Tenant's tax, mortgage, and banking records placed her at the Brooklyn house. Con Ed usage for the Manhattanapartment was very low.

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Facts:Landlord sued to evict tenant for nonprimary residence. Tenant and her husbandowned a house in Brooklyn, and their daughter went to school in Brooklyn. Tenant claimedthat she lived in the Manhattan apartment most of the time because of marital problems. Court:Landlord wins. Tenant showed no proof of marital problems. Tenant's tax, mortgage, and banking records placed her at the Brooklyn house. Con Ed usage for the Manhattanapartment was very low. And MetroCard records showed that on most days, tenant commuted from and to Brooklyn on the subway, using a monthly MetroCard.

51 Spring St. Assocs., LLC v. Yuen: Index No. 96939/01 (Civ. Ct. NY 10/28/02; Schreiber, J) [6-pg. doc.]

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