3657 Realty Co., LLC v. Jones

OPINION OF THE COURT

Final judgment, entered February 23, 2006, affirmed, with $25 costs.

The trial court’s determination that tenant does not primarily reside in the subject Manhattan apartment represents a fair interpretation of the evidence and is not disturbed. The documentary evidence, including tax returns, utility bills and savings account statements, established that tenant principally resided in a house owned by her in Savannah, Georgia. The duly credited testimony of landlord’s witnesses demonstrated that tenant, with the assistance of building staff, moved most of her furnishings out…