Tenant Primarily Resided in Tennessee

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. The trial court relied on sufficient proof that tenant actually lived in Tennessee from April 2013 through March 2015, and hadn't used his New York apartment as his primary residence during that time period. Among other things, tenant's financial activity was exclusively conducted in Tennessee for most of that period, he used a Tennessee bank to receive income, he had a Tennessee driver's license, he chartered a business there, his social and family ties in Tennessee were extensive, and there was a lack of electricity usage at the apartment. 

315 West 113th Street, LLC v. Taylor: 64 Misc.3d 129(A), 2019 NY Slip Op 51030(U) (App. T. 1 Dept.; 6/24/19; Shulman, PJ, Cooper, Edmead, JJ)