Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County, entered on or about July 26, 2010 (Jean T. Schneider, J.), after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam.
Final judgment (Jean T. Schneider, J.), entered on or
about July 26, 2010, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's fact-laden determination that tenant did not maintain her primary residence at the subject East 81st Street stabilized apartment. Landlord presented video surveillance tapes and testimony by the building's resident superintendent demonstrating tenant's sporadic use of the Manhattan apartment, as well as the testimony of a private investigator establishing, inter alia, tenant's employment at a real estate brokerage firm located in Southampton, Long Island. For her part, tenant acknowledged that her realty work in Southampton required her to stay at least "sometimes" in a nearby townhouse that she owns in Riverhead, one of several "investment" properties owned by tenant in Eastern Long Island. On this record, tenant did not have the type of "ongoing, substantial physical nexus with the [regulated] premises for actual living purposes ... that would justify affording the tenancy continued protection under the rent stabilization law (citations omitted)" (Emel Realty Corp. v Carey, 288 AD2d 163 [2001]), or so the trial court reasonably could find.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: September 23, 2011