Tenant Proves Primary Residence Is Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Landlord claimed that tenant lived primarily at another apartment rented by his girlfriend. But the court believed testimony by tenant and other witnesses, and found that he continued to maintain a substantial physical nexus to his apartment. Tenant was seen at his apartment almost daily, kept his furniture, clothing, and other belongings there, and continuously designated his apartment as his address on various documents. The documents landlord relied on to show that tenant listed his girlfriend's address as his own address were insufficient to put aside the court's decision. The trial court's decision is entitled to deference, and the trial court had the discretion to decide whether tenant's failure to call his girlfriend as a witness should be viewed negatively.

Extell 609 West 137th Street LLC v. Bonilla-Morel: NYLJ, 5/14/12, p. 22, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Torres, Hunter Jr., JJ)