585 WEST 204TH LLC, plf-land-app, v. NESTOR PERALTA, JOSE PERALTA, AND “JANE DOE,” res-occupants-res

16-159. 585 WEST 204TH LLC, plf-land-app, v. NESTOR PERALTA, JOSE PERALTA, AND "JANE DOE," res-occupants-res — Final judgment (Sabrina B. Kraus, J.), entered on or about March 17, 2015, affirmed, without costs.

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16-159. 585 WEST 204TH LLC, plf-land-app, v. NESTOR PERALTA, JOSE PERALTA, AND “JANE DOE,” res-occupants-res — Final judgment (Sabrina B. Kraus, J.), entered on or about March 17, 2015, affirmed, without costs.

The trial court’s determination that respondent Nestor Peralta, the son of the deceased rent controlled tenant, met his affirmative obligation to establish succession rights to the subject rent controlled apartment premises (see New York City Rent and Eviction Regulations [9 NYCRR] §2204.6[d]) represents a fair interpretation of the evidence, and is not disturbed (see WSC Riverside Dr. Owners LLC v. Williams, 125 AD3d 458 [2015], lv dismissed 25 NY3d 1221 [2015]; 318 E. 93 v. Ward, 276 AD2d 277 [2000]). The record supports the finding that respondent primarily resided in the apartment with the original statutory tenant — his mother — from his birth until tenant’s death in 1997, including the requisite two-year period immediately prior to her death. The trial court was warranted in accepting the “very credible” testimony of respondent, particularly since that testimony was essentially unrebutted by any witness with factual knowledge (see 300 East 34th St. Co. v. Habeeb, 248 AD2d 50, 56 [1997]; Morton St. Assoc., v. Volpe, 19 Misc 3d 126[A], 2008 NY Slip Op 50483[U][App Term, 1st Dept. 2008]). In these circumstances, the minimal documentary evidence presented by petitioner does not preponderate over the plausible and fully credited testimonial evidence (see 23 Jones St. Assoc. v. Keebler-Beretta, 284 AD2d 109 [2001]).

585 WEST 204TH LLC, plf-land-app, v. NESTOR PERALTA, JOSE PERALTA, AND “JANE DOE,” res-occupants-res

16-159. 585 WEST 204TH LLC, plf-land-app, v. NESTOR PERALTA, JOSE PERALTA, AND "JANE DOE," res-occupants-res — Final judgment (Sabrina B. Kraus, J.), entered on or about March 17, 2015, affirmed, without costs.

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