90-Year-Old Tenant Was Absent from Apartment Due to Injuries in Portugal

LVT Number: #30655

Landlord sued to evict 90-year-old rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant primarily resided in Portugal. The trial court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant had lived in the apartment for 50 years and showed that her absence from the apartment was temporary and excusable. The trial court found tenant credible after she showed that she was unable to travel back to New York from her Portugal vacation home due to two slip-and-fall accidents resulting in physical injuries.

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