Landlord appeals from an order of the Civil Court, New York County (Jean T. Schneider, J.), dated December 21, 2004, which denied its motion to inspect the apartment, and from a final judgment of the same court (Timmie Erin Elsner, J.), entered on or about October 6, 2005, after a nonjury trial, which dismissed the petition in a nonprimary residence holdover proceeding.

PER CURIAM:

Final judgment (Timmie Erin Elsner, J.), entered on or about October 6, 2005, affirmed, with $25 costs. Appeal from order (Jean T. Schneider, J.), dated December 21, 2004, dismissed, without costs, as subsumed in the appeal from the final judgment.

Giving due deference to the trial court's findings of fact and credibility (see Claridge Gardens, Inc. v Menotti, 160 AD2d 554 [1990]), the determination that the long-term (30 year) stabilized tenant primarily resides at the subject Manhattan apartment comports with the weight of the evidence. The record shows that tenant's bank, credit card and utility accounts, as well as his driver's license and registration, designate the subject premises as his address. That tenant travels in connection with his employment and owns a Long Island summer house, which he visits on weekends during the spring and summer months, does not, on this record, compel a finding of nonprimary residence.

This constitutes the decision and order of the court.
Decision Date: March 21, 2007