190 CLAREMONT REALTY, LLC, pet-res, v. IRVING RUDERMAN, res-app

13-166 190 CLAREMONT REALTY, LLC, pet-res, v. IRVING RUDERMAN, res-app, — Final judgment (Sabrina B. Kraus, J.), entered April 6, 2012, affirmed, with $25 costs, for the reasons stated by Sabrina B. Kraus, J. at Civil Court.

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13-166 190 CLAREMONT REALTY, LLC, pet-res, v. IRVING RUDERMAN, res-app, — Final judgment (Sabrina B. Kraus, J.), entered April 6, 2012, affirmed, with $25 costs, for the reasons stated by Sabrina B. Kraus, J. at Civil Court.

We find no cause to disturb the trial court’s fact-laden determination that tenant did not maintain the Manhattan rent stabilized apartment here at issue as his primary residence, a finding which rested in large measure on the court’s negative assessment of the tenant’s credibility (“It is clear,” the court stated in its comprehensive decision, “that [tenant] will testify to any set of facts he believes will result in him getting what he wants.”) The voluminous trial record showed and the court expressly found that tenant owns a “luxury” cooperative apartment in Riverdale, where he maintains a “regular presence”; listed the Riverdale address as his residence in documents filed with the Internal Revenue Service and Surrogate’s Court; and spent less than 183 days per calendar year and used a negligible amount of electricity at the Manhattan apartment during the relevant time period. Based on the record as a whole and the above-cited factors in particular (see Rent Stabilization Code [9 NYCRR] §2520.6[u]; Briar Hill Apts. Co. v. Teperman, 165 AD2d 519, 521 [1991]), it cannot be said that the trial court’s finding of nonprimary residence could not have been reached under any fair interpretation of the evidence (see Claridge Gardens v. Menotti, 160 AD2d 544, 544-545 [1990]; compare 409-411 Sixth St., LLC v. Mogi, 100 AD3d 112 [2012]).

190 CLAREMONT REALTY, LLC, pet-res, v. IRVING RUDERMAN, res-app

13-166 190 CLAREMONT REALTY, LLC, pet-res, v. IRVING RUDERMAN, res-app, — Final judgment (Sabrina B. Kraus, J.), entered April 6, 2012, affirmed, with $25 costs, for the reasons stated by Sabrina B. Kraus, J. at Civil Court.

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