Tenant Employed as Actor in California

Landlord sued to evict tenant for nonprimary residence. The trial court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. Tenant didn't maintain an ongoing, substantial, physical connection with the apartment. The court found that tenant lived primarily in California. Tenant was employed as an actor there during the period in question, his estranged wife and son lived there, and he and his wife had listed various California addresses on documents including bank accounts, mortgage applications for jointly owned California properties, and certain income tax returns. Tenant's electrical and gas usage at the New York apartment were minimal. The trial court also didn't believe tenant's evasive and inconsistent testimony.

Epsom Downs v. Allen: NYLJ, p. 25, col. 3 (4/16/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)