In WSC 72nd Owners LLC v. Bondy , WSC 72nd Street Owners started a holdover case against its tenant, Carol Bondy, on the grounds she wasn't occupying her West 72nd Street apartment as her principal or "primary" residence.
When the New York County Civil Court dismissed the case, the landlord appealed to the Appellate Term, First Department, which affirmed the outcome.
The AT1 was of the view Bondy's two-year absence was "involuntary" and "excusable" given her physical condition.
Her stay at a medical facility was seen as temporary and intended to prepare her for a return to independent living. And, during her treatment's course, the tenant kept her furniture and personal belongings in the apartment, received mail there, and returned to the premises on a monthly basis.
The AT1 wasn't about to let Bondy check-out of that regulated unit.
To download a copy of the Appellate Term's decision, please use this link: WSC 72nd Owners LLC v. Bondy