Tenant Moved to Virginia

(Decision submitted by Jeffrey Bodoff of the Manhattan law offices of David S. Abramson, attorneys for the landlord) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed she lived in the apartment since she moved in 1969, except for two-and-a-half years when she was in prison in Virginia. The court ruled for landlord. Landlord showed that, from 1982 until 1988, tenant owned a car registered in Virginia and had a Virginia driver's license. Tenant didn't file New York State or City income tax returns for 1988 through 1990. Her federal returns for those years showed a Virginia address. Tenant also cancelled her New York voter registration in 1984. Tenant didn't live in the apartment as her primary residence from at least 1985 through the date of her arrest in 1988 and incarceration in 1990.

Bily v. Edelman: L&T Index No. 94412/93 (11/8/93) (Civ. Ct. NY; Wendt, J)