Trial Needed to Determine if Tenant Is Primary Resident

September 30, 2006

LVT Number: 19139

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. The building lobby attendant stated that he rarely saw tenant at the building. Tenant owned a home in California, and admitted that he traveled extensively all over the country for business and was ''frequently absent'' from the New York apartment. There were questions of fact that required a trial to determine whether tenant resided primarily at the apartment.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. The building lobby attendant stated that he rarely saw tenant at the building. Tenant owned a home in California, and admitted that he traveled extensively all over the country for business and was ''frequently absent'' from the New York apartment. There were questions of fact that required a trial to determine whether tenant resided primarily at the apartment.

Goldman v. Downey: NYLJ, 9/26/06, p. 36, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)

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