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3900 BROADWAY HOLDING, LLC, pet-res, v. BARBARA CRUZ, a/k/a BARBARA MORILLO, res-app

16-091. 3900 BROADWAY HOLDING, LLC, pet-res, v. BARBARA CRUZ, a/k/a BARBARA MORILLO, res-app — Final judgment (Sabrina B. Kraus, J.), dated March 23, 2015, affirmed, with $25 costs.

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16-091. 3900 BROADWAY HOLDING, LLC, pet-res, v. BARBARA CRUZ, a/k/a BARBARA MORILLO, res-app — Final judgment (Sabrina B. Kraus, J.), dated March 23, 2015, affirmed, with $25 costs.

The trial court’s fact based determination that respondent Cruz, the daughter of the deceased rent controlled tenant, failed to meet her affirmative obligation to establish succession rights to the subject West 163rd Street apartment (see New York City Rent and Eviction Regulations [9 NYCRR] §2204.6[d]), represents a fair interpretation of the evidence (see 318 E. 93 v. Ward, 276 AD2d 277 [2000]), particularly given the documentary evidence establishing that respondent resided at two other locations with her husband during the relevant twoyear period at issue, one of which was a rent stabilized apartment on Stillwell Avenue in Brooklyn, where respondent and her husband were the tenants of record.

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