| ALH Props. Two, LLC v Castaldo |
| 2008 NY Slip Op 50912(U) [19 Misc 3d 140(A)] |
| Decided on April 30, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York
County (Peter M. Wendt, J.), entered on or about August 3, 2006, after a nonjury trial, which
awarded possession to landlord in a nonprimary residence holdover proceeding.
Per Curiam.
Final judgment (Peter M. Wendt, J.), entered on or about August 3, 2006, affirmed, with $25 costs, for the reasons stated by Peter M. Wendt, J. at Civil Court.
Giving due deference to the trial court's detailed factual findings and to its assessment of
tenant as a witness who gave incredible and "implausible" testimony, we find no cause to disturb
the court's determination that tenant did not maintain the subject rent controlled apartment as his
primary residence. The court's determination was amply supported by such "traditional indicia"
of (non)primary residence as tenant's bank records and driver's license (see Lesser v Park 65
Realty Corp., 140 AD2d 169, 174 [1988], lv dismissed 72 NY2d 1042 [1988]), as
well as four separate bankruptcy petitions filed by tenant, all listing a Pennsylvania address.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: April 30, 2008