JANE H. GOLDMAN, ALLAN H. GOLDMAN, AMY P. GOLDMAN, AND DIANE GOLDMAN KEMPER AS EXECUTORS FOR THE ESTATE OF LILLIAN GOLDMAN AND THE LILLIAN FAMILY, LLC, pet-land-app v. ADAM DAVIS, res-ten-res, -and- “JOHN DOE” AND “JANE DOE,” res-und

15-106. JANE H. GOLDMAN, ALLAN H. GOLDMAN, AMY P. GOLDMAN, AND DIANE GOLDMAN KEMPER AS EXECUTORS FOR THE ESTATE OF LILLIAN GOLDMAN AND THE LILLIAN FAMILY, LLC, pet-land-app v. ADAM DAVIS, res-ten-res, -and- "JOHN DOE" AND "JANE DOE," res-und — Final judgment (Arlene H. Hahn, J.), entered on or about July 17, 2013, reversed, with $30 costs, and final judgment awarded to landlord on its cause of action for possession. Execution of the warrant of eviction shall be stayed for 30 days after service of a copy of this order with notice of entry.

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15-106. JANE H. GOLDMAN, ALLAN H. GOLDMAN, AMY P. GOLDMAN, AND DIANE GOLDMAN KEMPER AS EXECUTORS FOR THE ESTATE OF LILLIAN GOLDMAN AND THE LILLIAN FAMILY, LLC, pet-land-app v. ADAM DAVIS, res-ten-res, -and- “JOHN DOE” AND “JANE DOE,” res-und — Final judgment (Arlene H. Hahn, J.), entered on or about July 17, 2013, reversed, with $30 costs, and final judgment awarded to landlord on its cause of action for possession. Execution of the warrant of eviction shall be stayed for 30 days after service of a copy of this order with notice of entry.

Following a bench trial, where seven witnesses testified and substantial documentary evidence was admitted, the court dismissed the holdover petition, finding that the rent stabilized tenant primarily resides at the subject lower Fifth Avenue stabilized apartment and not, as landlord urged, at his wife’s East 82nd Street apartment. Based largely upon the credited testimony of tenant and his witnesses, the court expressly found that tenant and his wife have a “nontraditional relationship in that they do not share a marital or familial residence…they in fact live separately and, thereby, happily…[and] that [tenant] did reside in the [subject] apartment as his primary residence.” In reaching this conclusion, the court found that the credible testimony preponderated over the inconsistent documentary evidence, particularly tenant’s tax returns, where he deducted the entire rent for the subject apartment as a business expense.

JANE H. GOLDMAN, ALLAN H. GOLDMAN, AMY P. GOLDMAN, AND DIANE GOLDMAN KEMPER AS EXECUTORS FOR THE ESTATE OF LILLIAN GOLDMAN AND THE LILLIAN FAMILY, LLC, pet-land-app v. ADAM DAVIS, res-ten-res, -and- “JOHN DOE” AND “JANE DOE,” res-und

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