Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant admitted that she was away from the apartment while caring for her infirm father in New Jersey. But tenant at all times kept her furniture and personal belongings in the apartment, received her mail there, including financial statements, and didn’t sublet. In view of the entire history of the tenancy and landlord’s failure to rebut tenant’s testimony, the case was properly dismissed.
King Enterprises Ltd. v. Glazer: NYLJ, 4/27/10, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)
