Tabak v. Steele

I respectfully dissent. The issue on *81this appeal is whether landlords established at trial that tenant Martha Steele did not maintain an ongoing, substantial physical nexus to the subject apartment for actual living purposes. I find that landlords met their burden, that Steele failed to refute landlords’ evidence and that a final judgment of possession should be awarded in favor of the petitioners.

Contrary to the position advanced by the majority, a fair interpretation of the evidence establishes that Steele did not primarily reside at the subject East 12th Street, Manhattan, apartment…