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Insignia Residential Group v Zhang
2006 NY Slip Op 50456(U) [11 Misc 3d 134(A)]
Decided on March 27, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 27, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570001/06.

Insignia Residential Group, Petitioner-Landlord-Appellant, No.

against

Adele Li Zhang, Respondent-Tenant-Respondent.


Landlord appeals from a final judgment of the Civil Court, New York County (Ulysses B. Leverett, J.), entered on or about March 23, 2005, after a nonjury trial, which awarded possession to tenant in a holdover summary proceeding.


PER CURIAM:

Final judgment (Ulysses B. Leverett, J.), entered on or about March 23, 2005, affirmed, with $25 costs.

The court's determination that tenant maintained her primary residence at the subject Manhattan apartment comports with the weight of the evidence, which showed that
tenant maintained bank, brokerage and utilities accounts at the address, which she also used for her driver's license, tax returns and voting. Tenant's furnishing and personal possessions are in the subject apartment. The fact that tenant may have permitted others to temporarily live in the apartment, does not, on this record, compel a finding of nonprimary residence.

This constitutes the decision and order of the court.
Decision Date: March 27, 2006