Tenant's Intent to Return Too Vague

August 31, 1993

LVT Number: 8138

Landlord sued to evict tenant for nonprimary residence. The trial court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Tenant was physically absent from the apartment for an extended time, with only a vague intent to return at some unspecified time in the future. This wasn't enough to prove pri-mary residence.

Landlord sued to evict tenant for nonprimary residence. The trial court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Tenant was physically absent from the apartment for an extended time, with only a vague intent to return at some unspecified time in the future. This wasn't enough to prove pri-mary residence.

Rockledge Equities v. Michaelson: NYLJ, p. 21, col. 2 (8/10/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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