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528 W. 123rd St. LLC v. Baptiste

Prolonged Absence for Incarceration in Succession Suit Not Protected by RSC's Safe Harbor

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*1 Respondent Aaron Eustay appeals from that portion of a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered November 14, 2016, after a nonjury trial, which awarded landlord possession against him in a holdover summary proceeding. Per Curiam.Final judgment (Jean T. Schneider, J.), entered November 14, 2016, insofar as appealed from, affirmed, with $25 costs.Giving due deference to the trial court’s findings of fact and credibility (see Claridge Gardens v. Menotti, 160 AD2d 544 [1990]), we agree that appellant Eustay did not meet his affirmative obligation to establish succession

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