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ST Owner LP v Ward
2008 NY Slip Op 52159(U) [21 Misc 3d 133(A)]
Decided on October 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 28, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, J.


ST Owner LP, substituted in place and stead of Metropolitan Insurance and Annuity Company, as the successor owner of property at issue, Petitioner-Landlord-Appellant, 570429/07

against

Marcia Ward, Respondent-Tenant-Respondent.


Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Sheldon J. Halprin, J.), entered on or about November 3, 2005, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.


PER CURIAM.

Final judgment (Sheldon J. Halprin, J.), entered on or about November 3, 2005, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's fact-laden determination that the subject apartment was at all relevant times tenant's primary residence and that the house she owns in Fords, New Jersey was a second residence that she used mostly on weekends (see 310 East 23rd LLC v Colvin, 41 AD3d 149 [2007]). Such evidence includes tenant's documentation and credited testimony showing a substantial physical nexus to the apartment and explaining, inter alia, why she registered her car in New Jersey and the use of that car as reflected in the EZ Pass records relied upon by landlord.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur [*2]
Decision Date: October 28, 2008