Tenant Moved to Senior Citizens' Development

March 1, 1993

LVT Number: 6776

Landlord sued to evict tenant for nonprimary residence. The trial court dismissed landlord's petition without a trial. Landlord appealed, and the appeals court ruled for landlord. Tenant admitted that she hadn't lived in the Manhattan apartment since 1987. At that time, tenant had a stroke and moved to her daughter's Long Island home. In early 1988, tenant signed a lease for a studio apartment in a Far Rockaway senior citizens' development and has lived there ever since.

Landlord sued to evict tenant for nonprimary residence. The trial court dismissed landlord's petition without a trial. Landlord appealed, and the appeals court ruled for landlord. Tenant admitted that she hadn't lived in the Manhattan apartment since 1987. At that time, tenant had a stroke and moved to her daughter's Long Island home. In early 1988, tenant signed a lease for a studio apartment in a Far Rockaway senior citizens' development and has lived there ever since. Even though tenant claimed an intent to return to the apartment, she established no ongoing, substantial connection with it

[London Terrace Gardens v. Sacks: NYLJ, p. 21, col. 3 (2/2/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)].

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