Wife Primarily Resided in Other Apartment with Husband and Son

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in another rent-stabilized apartment with her husband and son. At trial, tenant testified that she had recurring marital problems and that she kept her primary residence at landlord's apartment. The court and first appeals court ruled for tenant and dismissed the case. The second appeals court reversed and ruled for landlord. Tenant moved into landlord's apartment in 1978 when she was single. It was a one-bedroom, 450 square-foot walk-up. After tenant married and had a child, she and her husband moved into a bigger apartment in 1991. Tenant's husband wrote a letter to new landlord explaining that the new apartment would give them more room and a "better quality of life." Both signed the initial lease and each renewal lease. While tenant claimed that there were periods of separation with her husband, there was never a separation agreement or divorce proceedings. The couple continued to share one joint bank account, from which they paid rent and utilities for both apartments. Tenant and her husband shared one cell phone account in husband's name. Tenant's American Express bills were mailed to the other apartment and paid by her husband. Tenant's income tax returns and bank records listed the other apartment as her address. Con Ed records showed there was little utility usage at landlord's apartment. During one four-month period, there was no electricity usage at the apartment. Tenant claimed that each of the two apartments was her primary residence whenever she renewed leases.

Carmine Limited v. Gordon: 2007 NY Slip Op 05307 (6/14/07) (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Sullivan, Williams, Gonzalez, JJ)