MATTER OF 92 COOPER ASSOC., LLC v. ROUGHTON-HESTER

7203. 570427/17. 66968/14.

165 A.D.3d 416 (2018)

85 N.Y.S.3d 33

2018 NY Slip Op 06489

In the Matter of 92 Cooper Assoc., LLC, Respondent-Appellant, v. Peggy Roughton-Hester, Also Known as Peggy Maloof, Appellant-Respondent.

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

Decided October 2, 2018.


The trial court's determination that respondent did not utilize the subject apartment as a primary residence was based on a fair interpretation of the evidence, including respondent's testimony that she spent only 139 and 161 days in the apartment in 2012 and 2013, respectively, and used a Pennsylvania address on her tax returns and voter registration records. Although other records listed the apartment as respondent's address, the trial court properly concluded that she...

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