Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Ruben Andres Martino, J.) entered December 12, 2006, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.

Per Curiam.

Final judgment (Ruben Andres Martino, J.), entered December 12, 2006, affirmed, with $25 costs.

The trial court's determination that the rent stabilized tenant primarily resides in the subject Manhattan apartment represents a fair interpretation of the evidence, and is not disturbed. Crediting the testimony of tenant and her witnesses, the court found that tenant has "continuously lived" in the apartment, where she is seen on a "normal daily basis," since she took occupancy in 2000. These findings, resting in large measure on considerations relating to the credibility of witnesses, are entitled to deference on appeal (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]). That certain documents, including driver's license and vehicle registration, listed the address where tenant previously resided with her husband prior to their separation, does not, in these circumstances, preponderate over tenant's plausible and fully credited testimonial evidence (see 23 Jones St. Assoc. v Keebler-Beretta, 284 AD2d 109 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 28, 2009