In Ludlow 65 Realty, LLC v. Chin 42 Misc3d 126[A], 2013 NY Slip Op 52129[U] the rent control tenant of record moved out of the premises in 1979, but the court found he did not permanently vacate until 2011. The landlord moved for summary judgment, and the trial court denied the motion. The Appellate Term modified, to the extent of granting the motion and awarding the landlord a judgement of possession. The Appellate Term noted that the tenant continued to participate in litigation, pay rent, and "most significantly" completed forms with DHCR asserting he was the tenant of record after he moved out.