Opinion
No. 570446/12.
2013-01-30
370 COLUMBUS REALTY LLC, Petitioner–Landlord–Appellant, v. Deborah Wan LIEW, Respondent–Tenant–Respondent, and “John Doe” and “Jane Doe,” Respondents–Undertenants.
Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Sheldon J. Halprin, J.), entered on or about April 7, 2011, after a nonjury trial, in favor of tenant dismissing the petition in a holdover summary proceeding.
Present: SHULMAN, J.P., HUNTER, JR., TORRES, JJ.
PER CURIAM.
Final judgment (Sheldon J. Halprin, J.), entered on or about April 7, 2011, 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 Columbus Avenue stabilized apartment as her primary residence. Based on the record as a whole, and given the paucity of landlord's testimonial evidence, the court was warranted in finding that tenant maintained a substantial, physical nexus to the premises, where she spends a substantial amount of time and is seen on a regular basis. That certain documents relied upon by landlord list the address of tenant's husband's 12 by 18 foot, kitchenless, West 81st Street studio apartment does not, on this record, preponderate over the plausible and fully credited testimony offered by tenant and her witnesses ( see 23 Jones St. Assoc. v. Keebler–Beretta, 284 A.D.2d 109 [2001] ). Giving due deference to the trial court's fully supported findings regarding the living and working arrangements between tenant and her husband, we agree that tenant's occasional use of the husband's nearby studio apartment does not mandate a finding of nonprimary residency with respect to the subject Columbus Avenue apartment.
We have considered landlord's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.