Opinion
No. 570485/11.
2012-07-24
MANHATTAN TRANSFER, L.P., Petitioner–Landlord–Respondent, v. Bow L. QUON, Respondent–Tenant–Appellant.
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Bruce E. Scheckowitz, J.), entered on or about May 6, 2011, after a nonjury trial, awarding possession to landlord in a holdover summary proceeding.
Present: LOWE, III, P.J., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Final judgment (Bruce E. Scheckowitz, J.), entered on or about May 6, 2011, affirmed, with $25 costs.
The trial court's fact-laden determination that tenant does not primarily reside in the subject rent controlled apartment represents a fair interpretation of the evidence ( see Claridge Gardens v. Menotti, 160 A.D.2d 544 [1990] ), which shows that tenant, as the trial court put it, “permanently relocated” to an assisted living facility in Westchester County and “did not intend to return back to the apartment.” The evidence demonstrates, and the court expressly found, that tenant has lived in the Westchester facility since April 2005, has received all her mail there, and lists that address on her financial documents, including pension checks, bank statements and tax returns. Tenant also emptied the subject apartment of her belongings and did not evince an intent to resume occupancy at any time prior to the service of landlord's termination notice. Tenant returned to the apartment only a few times in four years for family events, but did not stay overnight. During her prolonged absence, the apartment was used for storage purposes by tenant's brother, who paid the rent and utilities. The court's factual findings amply support its ultimate conclusion that tenant's relocation to the Westchester facility was not a temporary, excusable absence, but rather an abandonment of the apartment as her primary residence ( see Matter of LJM Venture No. 1 v. Joy, 105 Misc.2d 291 [1980];cf. Katz v. Gelman, 177 Misc.2d 83 [1998] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.