Tenant's Documents Prove He Is Primary Resident

(Decision submitted by Robin LoGuidice of the Manhattan law firm of Grimble & LoGuidice, LLC, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's notice was insufficient and that documents proved he primarily resided in the apartment. The court ruled for tenant and dismissed the case. Landlord's notice stated that tenant primarily resided in Putnam County. But landlord claimed no other facts. Tenant submitted copies of tax records for 2003 and 2004, his voter registration and voting record, a letter from his bank, and his medical insurance claim forms. All showed the apartment as tenant's address. Tenant was receiving medical treatment in Putnam County and had a house with a mortgage there. But tenant explained why he was receiving medical treatment in Putnam. Landlord's conclusory statement that tenant primarily resided in the Putnam County house wasn't supported by any proof.

42-44 W. 74th St. LLC v. Savior: Index No. 78902/05 (Civ. Ct. NY 1/9/05; Jackman-Brown, J) [3-pg. doc.]