Tenant's Daughter Had Minimal Contact with Apartment

Landlord sued to evict tenant's daughter after tenant moved out of a rent-stabilized apartment. The trial court refused to rule for landlord without a trial, and landlord appealed. The appeals court reversed, and ruled for landlord. After her parents divorced, the daughter lived with her mother in Florida. She started college in Pennsylvania in 1986. Tenant father remained in the apartment until he moved to Connecticut in April or May 1990. Daughter didn't move into the apartment until at least June 1990, when she was graduated from college. During her student years, tenant visited both parents. She lived in the apartment only during the summer of 1989. Other summers, she travelled or worked elsewhere. Daughter admitted all these facts. Therefore, she couldn't prove that she'd lived in the apartment as her primary residence for at least two years before father tenant had moved out.

157 East 81 Owners Corp. v. Reynolds: NYLJ, p. 29, col. 2 (11/22/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)