King Enters., Ltd. v Glazer
Annotate this CaseDecided 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
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