Landlord appeals from a final judgment of the Civil Court, New York County (Ulysses B. Leverett, J.), entered on or about February 15, 2005, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.

Per Curiam:

Final judgment (Ulysses B. Leverett, J.), entered on or about February 15, 2005, reversed, with $30 costs, petition reinstated, and final judgment awarded to landlord.

Our authority to review the record developed at the bench trial and render judgment warranted by the facts is as broad as that of the trial court (Nestor v Britt, 213 AD2d 255 [1995]). Exercising that authority here, and adopting the trial court's own fully supported findings that landlord established a prima facie case and that tenant's presence in the apartment was "elusive," we conclude that tenant's occupancy of the subject apartment "did not constitute 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 laws." (Berwick Land Corp. V Mucelli, 249 AD2d 18,19 [1998]). The traditional indicia of primary residency was conspicuously absent. While the absence of documentation listing the subject apartment as respondent's residence is not, in itself, dispositive, tenant's testimonial evidence served only to show a sporadic presence in the apartment.

This constitutes the decision and order of the Court.
Decision Date: July 6, 2006