Opinion
570001/06.
Decided March 27, 2006.
Landlord appeals from a final judgment of the Civil Court, New York County (Ulysses B. Leverett, J.), entered on or about March 23, 2005, after a nonjury trial, which awarded possession to tenant in a holdover summary proceeding.
Final judgment (Ulysses B. Leverett, J.), entered on or about March 23, 2005, affirmed, with $25 costs.
PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ.
The court's determination that tenant maintained her primary residence at the subject Manhattan apartment comports with the weight of the evidence, which showed that tenant maintained bank, brokerage and utilities accounts at the address, which she also used for her driver's license, tax returns and voting. Tenant's furnishing and personal possessions are in the subject apartment. The fact that tenant may have permitted others to temporarily live in the apartment, does not, on this record, compel a finding of nonprimary residence.
This constitutes the decision and order of the court.