Tenant Fails to Rebut Landlord's Proof of Nonprimary Residence

November 17, 2021

LVT Number: #31680

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord, finding that tenant didn't have a substantial physical nexus to the apartment. Tenant appealed and lost. Each side presented substantial testimony in support of their positions, as well as some documentary proof. The trial court found the testimony of landlord's witnesses to be more credible than that of tenant and her witnesses. Tenant failed to rebut landlord's showing that tenant didn't use the apartment as her primary residence.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord, finding that tenant didn't have a substantial physical nexus to the apartment. Tenant appealed and lost. Each side presented substantial testimony in support of their positions, as well as some documentary proof. The trial court found the testimony of landlord's witnesses to be more credible than that of tenant and her witnesses. Tenant failed to rebut landlord's showing that tenant didn't use the apartment as her primary residence. The trial court's findings of fact were supported by the record and therefore wouldn't be disturbed by the appeals court.

284 Parkway Assocs. v. Dedspinosse: Index No. 2019-1384 KC, 2021 NY Slip Op 51032(U)(App. T. 2 Dept.; 10/29/21; Aliotta, PJ, Elliot, Toussaint, JJ)

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