Video Shows Tenant Spent Little Time at Loft

Landlord sued to evict loft tenant for nonprimary residence. The court ruled for landlord after a trial. Landlord’s witnesses testified that they didn’t see tenant in 2007 or 2008. Con Ed records showed no utility usage at the loft during 2007 and 2008. Building surveillance video outside the door to the loft and in the elevator showed tenant spent 34 nights at the building out of 394 days. Tenant tried to depict her absence from the building as excusable due to work and family obligations, but her witnesses gave vague testimony that merely speculated that tenant was away for an art exhibit and to care for her mother. There was no real proof that tenant used the loft as her primary residence.

Aurora Associates LLC v. Marquez: NYLJ, 8/2/10, p. 18, col. 3 (Civ. Ct. NY; Kaplan, J)