King Enters., Ltd. v Glazer

[*1] King Enters., Ltd. v Glazer 2010 NY Slip Op 50560(U) [27 Misc 3d 127(A)] Decided on April 7, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 7, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, JJ
570534/09.

King Enterprises, Ltd. and Mautner-Glick Corp., Petitioners-Landlords-Appellants,

against

Haley Glazer, Respondent-Tenant-Respondent.

Landlords appeal from a final judgment of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), entered on or about January 9, 2009, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.

Per Curiam.

Final judgment (Michelle D. Schreiber, J.), entered on or about January 9, 2009, affirmed, with $25 costs.

The evidence, fairly interpreted, supports the trial court's fact-laden determination, which rested in large measure on considerations relating to the credibility of the witnesses, that the long-term tenant did not abandon the subject rent stabilized apartment as her primary residence. Tenant's acknowledged absence from the apartment while caring for her infirm father in New Jersey does not mandate a finding of nonprimary residence, particularly on this record, which indicates that tenant at all times kept her furniture and personal belongings in the apartment premises, received her mail there (including financial statements), frequently visited the building premises, and did not sublet the apartment (see Hudsoncliff Bldg. Co. v Houpouridou, 22 Misc 3d 52 [2008]; Nussbaum v Gilmartin, 2003 NY Slip Op 50553[U] [2003]). Therefore, evaluating the entire history of the tenancy and considering landlords' failure to effectively refute the tenant's credited testimony (see 542 E. 14th St. LLC. v Lee, 66 AD3d 18 [2009]), we sustain the dismissal of the holdover petition.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: April 07, 2010