542 East 14th Street LLC v. Lee

OPINION OF THE COURT

Tom, J.P

Respondent tenant’s relocation to California for a period of nearly two years to care for her elderly parents constitutes a reasonable ground for her temporary absence from her rent-stabilized apartment, supporting Civil Court’s decision that the premises continued to be maintained as tenant’s primary residence. In view of the liberal discovery available in a nonprimary residence proceeding, petitioner landlord had the means to seek relevant proof regarding tenant’s parents’ infirmities, and the absence of such evidence is not a basis for disturbing the court’s…