EMEL REALTY CORP. v. CAREY


288 A.D.2d 163 (2001)

733 N.Y.S.2d 188

EMEL REALTY CORP., Respondent, v. ROSEANNE CAREY, Also Known as ROSEANNE C. YOUNG, Appellant.

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

Decided November 29, 2001.


As both the trial court and Appellate Term correctly found, the evidence overwhelmingly established that appellant tenant spent almost no time in the subject premises, having stayed there only seven nights over a period of at least 13 months. Moreover, prior to this period the premises were consistently used by persons other than appellant. Under these circumstances, appellant did not have the type of "`ongoing, substantial, physical nexus with the controlled premises for...

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