167-169 Allen Street H.D.F.C. v. Ebanks

*375Order of the Appellate Term of the Supreme Court of the State of New York, First Department, entered April 22, 2004, modifying an order of the Civil Court, New York County (Jean T. Schneider, J.), entered on or about January 31, 2002, to grant 167-169 Allen Street H.D.F.C.’s motion for summary judgment on its holdover petition, unanimously affirmed, without costs.

The terms of respondent Ebanks’ proprietary lease required that the premises be used as her primary residence. Nonetheless, by her own admission, she permanently vacated the apartment in 1998. She did so leaving her daughter, and her…