TOA Construction Co. v. Tsitsires

McCooe, J.P.

(dissenting). The trial court, in a well-reasoned, 18-page decision following a six-day trial, reached a decision based upon the facts and the controlling law (9 Misc 3d 469). Its findings of fact and conclusions of law summarizing the decision state in part:

“The court finds that petitioner met its burden of proof to show that respondent did not use the apartment as his primary residence or for actual living purposes during the Golub period. He maintained a homeless lifestyle likely caused, one psychiatrist explained, by substance abuse. Another psychiatrist stated that he is…