Tenant Primarily Resides in Troy, N.Y.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After a trial, the court ruled against landlord and dismissed the case. Landlord appealed and won. The evidence showed that tenant primarily resided upstate in Troy, N.Y. Tenant and his wife owned a house there. It was undisputed that the wife and their son lived primarily in the house. Tenant used the Troy address for voter and auto registration. His E-ZPass records, listing the Troy address, showed substantial upstate usage. Tenant belonged to a health club and regularly used ATM machines in the Troy area. Con Ed records showed minimal utility usage at the Manhattan apartment during the two years before landlord brought the eviction action. And although tenant filed income tax returns listing the apartment as his address, he obtained a mortgage and qualified for a STAR tax rebate for the Troy house based on representations that he primarily resided there. Tenant was an attorney who appeared to maintain the apartment in connection with his law practice and for use as a pied-a-terre only.

985-987 First Avenue, LLC v. Aretakis: NYLJ, 9/21/09, p. 26, col. 5 (App. T. 1 Dept.; McKeon, JP, Schoenfeld, Heitler, JJ)