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MANLEY LAUNDROMAT INC., pet-res, v. SU GUI WU, res-app

16-114. MANLEY LAUNDROMAT INC., pet-res, v. SU GUI WU, res-app — Final judgment (Sabrina B. Kraus, J.), entered on or about July 1, 2015, affirmed, with $25 costs.

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16-114. MANLEY LAUNDROMAT INC., pet-res, v. SU GUI WU, res-app — Final judgment (Sabrina B. Kraus, J.), entered on or about July 1, 2015, affirmed, with $25 costs.

We agree, essentially for reasons stated by the trial court, that respondent Su Gui Wu failed to meet her “affirmative obligation” to establish succession to the subject rent controlled apartment as a non traditional family member of the deceased tenant (see 9 NYCRR 2204.6[d][3][i]). Based on the extensive testimonial and documentary evidence presented at trial, the court was warranted in finding that respondent’s relationship with tenant was not characterized by the requisite “emotional and financial commitment and interdependence” (9 NYCRR 2204.6[d]), but was, as the court stated, “largely one sided with respondent using tenant’s home and income for her own purposes.” Indeed, the record shows that: in 2006, respondent removed the elderly tenant — who was suffering from dementia, incontinence, and impaired sight and hearing — from a nursing home, where tenant had been residing for six years, and placed tenant in the subject fourth floor walk-up apartment, without furnishing tenant with sufficient home care services; respondent utilized tenant’s social security income and retirement pension for her own purposes; respondent ultimately abandoned tenant when tenant had been readmitted to a nursing home, declining to take tenant back to the apartment, even though tenant’s discharge was feasible; and during the relevant period, respondent’s Massachusetts home was condemned as unfit for human habitation.

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