Tenant Uses Shelter Island House on Weekends and During Summer

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant's primary residence was a house on Shelter Island. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and lost. Tenant, an attorney, showed that she paid New York City resident income taxes and was registered as an attorney in the city with the office of court administration. Tenant also produced telephone records, credit card statements, and other documents showing that she spent most of her time in the city and that her office was there. Tenant and several witnesses also testified that tenant used the house on weekends and during the summer. Landlord produced no statements from any building employee or other person contradicting tenant's claim. Although tenant registered her car from the Shelter Island address, this fact alone didn't overcome tenant's strong showing of primary residence at the New York City apartment.

Menzin v. Leland: NYLJ, p. 25, col. 3 (4/22/97) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)