Tenant Can't Reestablish Primary Residence in Manhattan

(Decision submitted by Todd I. Nahins of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord without a trial, and tenant appealed. The appeals court also ruled against tenant. Landlord had presented sufficient proof that tenant hadn't lived in the apartment during her most recent renewal lease term. The documents submitted by landlord included leases and lease applications signed by tenant, a complaint in a federal lawsuit, and an application for a business loan. These records all showed that tenant and her husband had lived primarily at various addresses in New Jersey and Pennsylvania during the period in question. Tenant couldn't reestablish her New York residence by returning in May 1997, at the end of her lease term and months after service of landlord's notice of nonrenewal. Tenant can't cure nonprimary residence.

45th St. Assocs. v. Spence: NYLJ, p. 29, col. 3 (3/1/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)