PROMINENT ASSETS LLC v. LITTLE, 570207/07 [1st Dept 7-22-2008

PER CURIAM.

The evidence, fairly interpreted, supports the trial court's fact-laden determination that the long term (32-year) disabled tenant did not abandon the subject stabilized apartment as his primary residence when he temporarily relocated to care for a mentally ill friend in the aftermath of her suicide attempt. The record shows that tenant at all relevant times intended to and, in fact, did return to the apartment. Evaluating the entire history of the tenancy ( see 615 Co. v Mikeska, 75 NY2d 987, 988), and considering landlord's failure to effectively refute the credited testimony of tenant and his witnesses, we agree that a forfeiture of this tenancy is unwarranted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.