90 ELIZABETH APT. LLC, pet-land-app, v. BETTY ENG AND STEVEN ENG, res-occu-res

16-531. 90 ELIZABETH APT. LLC, pet-land-app, v. BETTY ENG AND STEVEN ENG, res-occu-res — Order (Laurie L. Lau, J.) entered on or about July 6, 2016, insofar as appealed from, affirmed, without costs.

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16-531. 90 ELIZABETH APT. LLC, pet-land-app, v. BETTY ENG AND STEVEN ENG, res-occu-res — Order (Laurie L. Lau, J.) entered on or about July 6, 2016, insofar as appealed from, affirmed, without costs.

We agree with Civil Court that this holdover proceeding is not susceptible to summary disposition, since petitioner failed in its burden to demonstrate the absence of triable issues of fact with respect to respondents’ family member succession defense (see New York City Rent and Eviction Regulations [9 NYCRR] §2204.6[d][3][i]). Giving respondents the benefit of every favorable inference (see Ortega v. Everest Realty LLC, 84 AD3d 542, 545 [2011]), the record contains evidence that respondent Betty Eng, who was born in 1971, essentially lived in the apartment her entire life with her brother, respondent Steven Eng, as well as her mother and father, the original statutory tenants, until the latter were admitted into nursing homes in 2005 and 2010, respectively. Respondents’ father died in 2012, and their mother, who suffered from Alzheimer’s disease and had an article 81 guardian appointed on her behalf, surrendered tenancy rights in October 2015. The record also shows that respondents attempted to raise a succession claim in the context of a 2010 nonprimary residence proceeding commenced by petitioner, but that succession claim was held to be premature.

90 ELIZABETH APT. LLC, pet-land-app, v. BETTY ENG AND STEVEN ENG, res-occu-res

16-531. 90 ELIZABETH APT. LLC, pet-land-app, v. BETTY ENG AND STEVEN ENG, res-occu-res — Order (Laurie L. Lau, J.) entered on or about July 6, 2016, insofar as appealed from, affirmed, without costs.

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