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15-061. GLD REALTY CORP., pet-landapp v. ROBERT WILLIAMS, res-tent-res

15-061. GLD REALTY CORP., pet-landapp v. ROBERT WILLIAMS, res-tent-res — Final judgment (Phyllis K. Saxe, J.), entered on or about September 18, 2014, affirmed, with $25 costs.

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15-061. GLD REALTY CORP., pet-landapp v. ROBERT WILLIAMS, res-tent-res — Final judgment (Phyllis K. Saxe, J.), entered on or about September 18, 2014, affirmed, with $25 costs.

On a bench trial, the decision of the fact-finding court “should not be disturbed upon appeal unless it is obvious that the court’s conclusions could not be reached under any fair interpretation of the evidence” (Claridge Gardens v. Menotti, 160 AD2d 544, 545 [1990], quoted in Thoreson v. Penthouse Intl., 80 NY2d 490, 495 [1992]; see also WSC Riverside Drive Owners LLC v. Williams, 125 AD3d 458 [2015]). Applying that standard of review here, and considering what the trial court aptly described as the “paucity of evidence” presented by petitioner-landlord, we find no basis to disturb the court’s ultimate finding that landlord “fell short” of meeting its burden of establishing, “by a preponderance of the evidence, that tenant[] did not use the [subject stabilized] apartment as a primary residence” (Glenbriar Co. v. Lipsman, 5 NY3d 388, 392 [2005]). Notably absent from landlord’s trial submission were many of the documents typically relied on to establish (non)primary residence, such as the tenant’s income tax returns, bank statements, utility bills, driver’s license or voter registration records; any persuasive trial testimony bearing on the tenant’s presence in or use of the subject apartment or any other residence; or any attempt to cross-examine tenant as to his living arrangements or otherwise.

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