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542 E. 14TH ST. LLC v. LEE

66 A.D.3d 18 (2009)

883 N.Y.S.2d 188

542 EAST 14TH STREET LLC, Appellant, v. CHARLENE LEE, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 7, 2009.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City (Paul N. Gruber of counsel), for appellant.

David E. Frazer, New York City, and Adam Leitman Bailey, P.C., New York City (William J. Geller and Dov Treiman of counsel), for Charlene Lee, respondent.

FRIEDMAN, CATTERSON, MOSKOWITZ and RENWICK, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

Respondent tenant's relocation to California for a period of nearly two years to care for her elderly parents constitutes a reasonable ground for her temporary absence from her rent-stabilized apartment, supporting Civil Court's decision that the premises continued to be maintained as tenant's primary residence. In view of the liberal discovery available in a nonprimary residence proceeding, petitioner landlord had the means...

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