| Prominent Assets LLC v Little |
| 2008 NY Slip Op 51582(U) [20 Misc 3d 140(A)] |
| Decided on July 22, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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.
Per Curiam.
Final judgment (Pam B. Jackman Brown, J.), entered on or about March 9, 2007, affirmed, with $25 costs.
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 [1990]), 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.
Decision Date: July 22, 2008