1286 First Realty Associates, L.P. v. Malatinsky

OPINION OF THE COURT

Order and final judgment entered April 8, 1997 reversed, *597with $30 costs, and final judgment of possession granted in favor of landlord on the holdover petition.

In this holdover proceeding based upon nonprimary residence, the parties submitted the matter for determination upon an agreed statement of facts. Those facts demonstrate that the controlled tenant has not resided in the subject apartment at East 69th Street since June 1995, having resided in a health care facility for approximately one year, and then at an address in Elmhurst, Queens. The stipulation further…