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56 Glenwood Corp. v. Plotkin

Decided: October 30, 1990.

56 GLENWOOD CORP., PLAINTIFF,
v.
HELEN PLOTKIN, DEFENDANT



Hornstein, J.s.c.

Hornstein

This is an action which involves the question: can a residential tenant be evicted if the tenant does not actually reside in the demised premises?

The facts are these:

Plaintiff is the owner of a multi-family apartment building located at 56 Glenwood Avenue, Jersey City. Plaintiff purchased the building in 1987. The building has been converted to condominiums.

Defendant rents apartment # 39 in that building. She and her husband (now deceased) had been renting that same apartment for over 35 years.

Defendant's husband died in 1981. In about 1983, defendant began living in New York with her twin adult daughters. She has continued living with them, is now in ill health, is cared for by the daughters and is under a medical doctor's supervision.

Defendant pays a monthly rental of $471.

In the apartment are defendant's furniture and accessories, decorations, books, etc., the same as if someone were occupying the apartment.

Mail is addressed to defendant at 56 Glenwood Avenue. It is collected by the superintendent and called for periodically by one of defendant's daughters.

The gas and electric bills for the apartment are in defendant's name, mailed to the local address and paid for by defendant.

The telephone is listed in defendant's husband's name, at 56 Glenwood Avenue and the monthly bill is paid by defendant.

Defendant maintains a checking account at a Jersey City bank. Checks from this account are used to pay the ...


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