Opinion
570207/07.
Decided July 22, 2008.
Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), entered on or about March 9, 2007, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.
Final judgment (Pam B. Jackman Brown, J.), entered on or about March 9, 2007, affirmed, with $25 costs.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
The evidence, fairly interpreted, supports the trial court's fact-laden determination that the long term (32-year) disabled tenant did not abandon the subject stabilized apartment as his primary residence when he temporarily relocated to care for a mentally ill friend in the aftermath of her suicide attempt. The record shows that tenant at all relevant times intended to and, in fact, did return to the apartment. Evaluating the entire history of the tenancy ( see 615 Co. v Mikeska, 75 NY2d 987, 988), and considering landlord's failure to effectively refute the credited testimony of tenant and his witnesses, we agree that a forfeiture of this tenancy is unwarranted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.