Tenant Primarily Resided in Israel

(Decision submitted by Erin R. Olshever of the Manhattan law firm of Robert M. Olshever, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Landlord's employees testified that tenant moved into the apartment in 1996, but was rarely seen at the building after 2007. Landlord presented many documents, including tenant's Israeli driver's license, electronic auto-payments from a Florida address, authorization by tenant for others to retrieve her mail, tax returns filed from tenant's father's Florida address, and tenant's Israeli passport. Tenant herself testified that she first visited Israel in 1998, that she lived the entire year 2008 in Israel, and that between January 2008 and January 2010, she lived 20 continuous months there. She lived rent-free in a friend's apartment in Israel. Although she said she went there for emotional healing, she showed no proof of any medical treatment while there. While tenant claimed that she went to Israel for temporary work opportunities, she didn't go there for any specific employment and didn't work while there. Tenant also had made Aliyah after serious thought and consideration, and thereby received new immigrant status and benefits in Israel.

Windermere Chateau, Inc. v. Frank: Index No. 65659/10 (Civ. Ct. NY; 10/21/11; Elsner, J) [12-pg. doc.]