Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered on or about August 8, 2008, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam.

Final judgment (Jean T. Schneider, J.), entered on or about August 8, 2008, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's determination that the rent stabilized tenant did not occupy the subject East 6th Street studio apartment as her primary residence. Landlord established that there was negligible electricity usage in the apartment for more than two years prior to the commencement of this proceeding, and tenant acknowledged that she spends a substantial amount of time in a house she owns in Westminster, Vermont, an address listed on tenant's driver's license and motor vehicle registration and where tenant's long-time companion admittedly primarily resides. To the extent the trial court, in determining tenant's whereabouts, may have placed undue emphasis on documents reflecting the credit card and bank transactions made by tenant and her companion, any such error does not warrant reversal on this record, which otherwise firmly supports the court's ultimate finding of nonprimary residence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 29, 2010