Tenant Lived and Worked in New Paltz

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that she was working temporarily upstate, that she shared the New York apartment with roommates, and that she spent weekends in the apartment. The court ruled for landlord. Tenant sought and took employment in New Paltz, N.Y., in 1994. Between 1994 and 1999, she had several sequential office jobs in that area and lived in several different houses in New Paltz and Woodstock. She didn't pay New York City income taxes during this period, had utilities in her name at the upstate addresses, and had a driver's license with a New Paltz address. Her tax returns and credit card statements also went to her upstate addresses. A review of tenant's ATM usage and telephone bills also showed that tenant spent many weekends upstate and not in New York City, as she claimed. Ten- ant clearly stopped using the apartment as her primary residence in 1994 when she went to live and work in upstate New York.

Jemrock Realty Co. v. Bruskin: L&T Index No. 50324/99 (Civ. Ct. NY 1/17/00; Lau, J) [5-pg. doc.]