Testimony of One Witness Not Enough to Prove Nonprimary Residence

December 1, 2001

LVT Number: 15444

Landlord sued to evict tenant for nonprimary residence. The court dismissed the case after a trial, and landlord appealed. The appeals court ruled against landlord. Landlord presented no documentary proof to support its claim that tenant lived somewhere in Westchester County. Landlord's only witness was the building super, who testified that he saw tenant only occasionally during his morning work shift. This wasn't enough to prove nonprimary residence.

Landlord sued to evict tenant for nonprimary residence. The court dismissed the case after a trial, and landlord appealed. The appeals court ruled against landlord. Landlord presented no documentary proof to support its claim that tenant lived somewhere in Westchester County. Landlord's only witness was the building super, who testified that he saw tenant only occasionally during his morning work shift. This wasn't enough to prove nonprimary residence.

Second-82nd St. Corp. v. Vrionis: NYLJ, 11/30/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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