Third Lenox Terrace Assoc. v Francis (2007 NY Slip Op 50285(U))

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Third Lenox Terrace Assoc. v Francis

2007 NY Slip Op 50285(U) [14 Misc 3d 139(A)]

Decided on February 21, 2007

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 21, 2007

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570163/06.

Third Lenox Terrace Associates, Petitioner-Landlord-Respondent,

against

Stephanie Francis, Respondent-Tenant-Appellant, -and- DEBORAH GRAHAM, Respondent-Undertenant-Appellant.

Tenant Francis and undertenant Graham appeal from a final judgment of the Civil Court of the City of New York, New York County (Ruben Andres Martino, J.), entered on or about January 17, 2006, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam:

Final judgment (Ruben Andres Martino, J.), entered on or about January 17, 2006, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's determination that tenant did not occupy the subject West 132nd Street studio apartment as her primary residence. Tenant admitted that for the past decade she has leased a three-bedroom rent stabilized apartment elsewhere in Manhattan, where she maintains telephone, cable television and Con Edison accounts in her name, where she keeps her clothing and personal belongings, and which was listed on her tax returns and W-2 forms.

We have considered and rejected tenant's remaining arguments.

This constitutes the decision and order of the Court.
I concur I concur I concur
Decision Date: February 21, 2007