Opinion
570144/03.
Decided November 25, 2003.
Tenant appeals from a final judgment of the Civil Court, New York County, entered November 1, 2002 after a nonjury trial (Jean T. Schneider, J.) awarding landlord possession and a money judgment in the sum of $2,990 in a nonprimary residence holdover proceeding.
Final judgment entered November 1, 2002 (Jean T. Schneider, J.) affirmed, without costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P., PHYLLIS GANGEL-JACOB, MARTIN SCHOENFELD, Justices.
Pursuant to the proprietary lease appurtenant to tenant's HDFC apartment, tenant was required to occupy the premises as her primary residence. The trial evidence supports Civil Court's finding that tenant primarily resides in Florida, where her adult daughter and mother reside. Tenant was employed in Florida in 1998 and 1999 and, while she filed federal income tax returns for these years, she did not file a New York City resident income tax return. Virtually all of tenant's in-person banking transactions in 1999 and 2000 occurred in Florida, and her driver's license and motor vehicle registration reference the Florida address. Tenant also had a series of "roommates" in the New York City apartment, one of whom was charged a rental amount substantially in excess of the monthly maintenance for the subject low-income cooperative. Further, there was testimony at trial that on tenant's infrequent appearances in the building, she stayed at her uncle's adjacent apartment. We therefore have no cause to disturb the trial court's resolution of the issues of fact and credibility litigated below (see, Emel Realty Corp. v. Carey, 288 AD2d 163; Claridge Gardens v. Menotti, 160 AD2d 544).
This constitutes the decision and order of the court.