Minimal Electricity Usage

February 1, 1998

LVT Number: 12088

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had presented overwhelming proof that tenant didn't maintain an ongoing, substantial, physical connection to the apartment. Significantly, tenant's electrical usage in the apartment was minimal, and tenant didn't submit any documents that supported her claim that the apartment was her primary residence.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had presented overwhelming proof that tenant didn't maintain an ongoing, substantial, physical connection to the apartment. Significantly, tenant's electrical usage in the apartment was minimal, and tenant didn't submit any documents that supported her claim that the apartment was her primary residence.

Dynamics Holding Corp. v. Smith: NYLJ, p. 23, col. 1 (1/8/98) (App. T. 1 Dept.; Parness, Freedman, Davis, JJ)

Topics

More like this