Opinion
570494/05, 05-149.
Decided December 9, 2005.
Tenants appeal from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered on or about July 8, 2004 after a nonjury trial, awarding landlord possession of the subject premises in a nonprimary residence holdover proceeding.
Final judgment (Brenda S. Spears, J.), entered on or about July 8, 2004, affirmed, with $25 costs.
PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ., Justices.
In evaluating the history of this tenancy and the factors bearing on the tenants' nexus to the premises, we agree that landlord met its burden of establishing, by a preponderance of the evidence, that tenants did not use the apartment as a primary residence ( cf. Greenbriar Co. v. Lipsman, 11 AD3d 352, affd ___ NY3d ___, 2005 NY LEXIS 2630). Indeed, evidence from a recent prior proceeding indicates that tenants maintained the apartment more for storage than habitation.
This constitutes the decision and order of the Court.