PS 157 LOFTS LLC AND 327 ST NICHOLAS LLC, pet-app, v. KIMBERLY AUSTIN, JULIUS DIXSON, AND JUELLE DIXSON, res-res, “JOHN DOE & JANE DOE,” res-und

13-394. PS 157 LOFTS LLC AND 327 ST NICHOLAS LLC, pet-app, v. KIMBERLY AUSTIN, JULIUS DIXSON, AND JUELLE DIXSON, res-res, "JOHN DOE & JANE DOE," res-und — Order (Peter M. Wendt, J.), dated April 29, 2013, reversed, with $10 costs, petitioner's motion for summary judgment granted, and final judgment awarded in favor of petitioner upon its cause of action for possession. Issuance of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

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13-394. PS 157 LOFTS LLC AND 327 ST NICHOLAS LLC, pet-app, v. KIMBERLY AUSTIN, JULIUS DIXSON, AND JUELLE DIXSON, res-res, “JOHN DOE & JANE DOE,” res-und — Order (Peter M. Wendt, J.), dated April 29, 2013, reversed, with $10 costs, petitioner’s motion for summary judgment granted, and final judgment awarded in favor of petitioner upon its cause of action for possession. Issuance of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

In opposition to petitioner’s prima facie showing of entitlement to summary judgment on its possessory cause of action, respondents failed to raise a triable issue with respect to their succession defense. The undisputed record evidence establishes that while the record tenant of the stabilized apartment here at issue began residing elsewhere in 2002, she continued to sign a series of lease renewals extending her tenancy in the subject apartment through November 30, 2008, and, as late as November 2005, filed a complaint at DHCR pertaining to the subject apartment. Thus, tenant “cannot be found to have permanently vacated the apartment at any time prior to the expiration of the last lease renewal on [November 30, 2008]” (Third Lenox Terrace Associates v. Edwards, 91 AD3d 532, 533 [2012]). Given this chronology, and in the absence of any evidence tending to show that respondents “resided with” the tenant in the subject apartment during the two-year period immediately preceding the tenant’s permanent vacatur (Rent Stabilization Code [9 NYCRR] §2523.5 [b][1]), respondents’ succession claim must fail (see Third Lenox Terrace Assoc. v. Edwards, 91 AD3d at 533).

PS 157 LOFTS LLC AND 327 ST NICHOLAS LLC, pet-app, v. KIMBERLY AUSTIN, JULIUS DIXSON, AND JUELLE DIXSON, res-res, “JOHN DOE & JANE DOE,” res-und

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