3657 Realty Co., LLC v. Jones

McKeon, EJ. (dissenting).

Ida Mae Jones was an 84-year-old, nearly blind tenant of a Manhattan rent-controlled apartment for more than 35 years when landlord commenced this holdover proceeding seeking her eviction on alternative theories of illegal sublet and nonprimary residence.

At trial, Ms. Jones admitted that she spent several months each year in Georgia, caring for her former husband who was ill. However, she was steadfast in her position that she spent the majority of her time in New York. She also admitted that a nephew and a cousin lived in the subject apartment, although she denied…