[*1]
Goldman v Lensky
2004 NY Slip Op 51013(U)
Decided on September 2, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 2, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570217/04

JANE GOLDMAN, ALLAN GOLDMAN & LOUIS LITTLE AS CO-TRUSTEE OF THE LILLIAN GOLDMAN MARITAL TRUST UNDER THE WILL OF SOL GOLDMAN C/O LIGHTHOUSE PROPERTIES, Petitioner-Landlord-Respondent,

against

OLGA LENSKY, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of the Civil Court, New York County, entered on or about November 12, 2003 after a nonjury trial (Jerald R. Klein, J.) awarding possession to landlord in a nonprimary residence holdover proceeding.


PER CURIAM:

Final judgment entered on or about November 12, 2003 (Jerald R. Klein, J.) affirmed, with $25 costs, for the reasons stated in the decision of Jerald R. Klein, J. at the Civil Court.

The trial court's express factual finding that tenant's occupancy of the subject West 72nd Street apartment premises was for "occasional use and convenience only" is supported, inter alia, by evidence of minimal electrical usage at the apartment and of the tenant's execution of several lease agreements for other residential units in Manhattan and Queens, including a New [*2]York City Housing Authority apartment to which tenant succeeded as a remaining family member in 1999. "Any perceived uncertainty as to which of the alternate addresses shown to be used by tenant actually constituted her principal residence should not serve to deprive the landlord of its possessory remedy on nonprimary residence grounds otherwise firmly established at trial." (Emel Realty Corp. v Carey,
188 Misc 2d 280, 283 [2001], affd 288 AD2d 163 [2001].)

This constitutes the decision and order of the court.