[*1]
310 E. 23rd LLC v Colvin
2006 NY Slip Op 51032(U) [12 Misc 3d 129(A)]
Decided on June 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 5, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ
570765/05.

310 E. 23rd LLC, Petitioner-Landlord-Appellant,

against

Melba J. Colvin, Respondent-Tenant-Respondent, and JOHN FORD, "JOHN DOE" and "JANE DOE," Respondents-Undertenants.


Landlord appeals from a final judgment of the Civil Court, New York County (Jerald R. Klein, J.), entered May 26, 2005, after a nonjury trial, which dismissed the petition in a nonprimary residence holdover proceeding.


PER CURIAM:

Final judgment (Jerald R. Klein, J.), entered May 26, 2005, affirmed, with $25 costs.

We affirm the trial court's determination that landlord failed to meet its burden to establish nonprimary residence, and find no basis to disturb the court's resolution of the issues of fact and credibility raised at the trial. The testimonial and documentary evidence adduced at trial, fairly interpreted, supports a finding that tenant maintained a sufficient nexus to the subject Manhattan apartment and that she did not primarily reside in her upstate New York "cabin," which she visited on weekends and vacations.

This constitutes the decision and order of the court. [*2]
Decision Date: June 5, 2006