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74-78 Post Ave. Heights Assoc. v. Reyes

Trip to Florida a Visit, Not Relocation; Daughter Entitled to Succeed to Mother's Tenancy

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DECISION/ORDER

*1 This licensee holdover proceeding was tried before me on November 28, 2017. Both parties were represented by counsel. Before the trial, the parties stipulated that Celida Reyes, the rent stabilized tenant of record, died on September 30, 2015, and that petitioner had established a prima facie case. The trial went forward only on respondent Mayra Reyes’s affirmative defense of succession.Mayra Reyes testified credibly that she moved to the subject apartment with her mother Celida Reyes, and two sisters when she was a small child, and that she has lived there ever since. Her testimony was supported by that of Henry Vidal, a New York City police officer and the father of Ms. Reyes’s son, born November 14, 2008. Officer Vidal testified that he lived in the subject apartment with Ms. Reyes for two years, from 2008 until 2010, and then lived separately in the Bronx. He testified that after he moved out, he visited Ms. Reyes and their child at least weekly at the subject apartment.Ms. Reyes and Mr. Vidal testified credibly that Ms. Reyes, her mother and her son went

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