Tenant Didn't Move to Nearby Condo with Wife

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord claimed that tenant used the apartment to operate his bookselling business on West 72nd Street while he lived with his wife at a condominium apartment on West 73rd Street. After trial, the court ruled against landlord. Tenant claimed that he had bought the condo for his wife in 1996 but never moved in with her because they had an unusual and argumentative relationship. Tenant went to the condo three times a day to walk the couple's dog but testified that he did so because his wife was in poor health. He occasionally stayed over at the condo but did not sleep there on a regular basis. Tenant kept thousands of books in the rent-controlled apartment in connection with his business but also kept clothing and toiletries there. Tenant's voter registration, tax returns, and driver's license all showed the apartment address. Five friends testified that tenant didn't live with his wife. And the court believed the testimony of tenant and his wife that tenant lived in the rent-controlled apartment, not the condo.

Nicole Assets, Inc. v. Yeargin: NYLJ, 8/15/07, p. 27, col. 1 (Civ. Ct. NY; Finkelstein, J)