Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Appellate Term, First Department: January 25-28, 2019

Appellate Term, First Department: January 25-28, 2019

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Cases released on: January 25, 2019

By: Gonzalez, J.P., Cooper, Edmead, JJ.18-299. 320 W. 49 LLC, pet-res, v. Jennifer Gonzalez Conliffe and Eric Blitz Conliffe, res-app — Final judgment (Jack Stoller, J.), entered February 28, 2018, affirmed, without costs.The trial court’s determination that respondents did not meet their affirmative obligation to establish succession rights to the subject rent controlled apartment (see New York City Rent and Eviction Regulations [9 NYCRR] §2204.6[d]), represents a fair interpretation of the evidence (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]). On this record, the trial court was warranted in concluding that respondents failed to establish that they primarily resided with the record tenant at the subject premises for the requisite one-year period applicable to disabled persons (see 9 NYCRR 2204.6[d]), particularly in view of the paucity of documentary evidence linking respondents to the subject premises, the lack of corroborating witnesses, the timing of their commencement of internet service and, notably, the DHCR form filled out by one of the respondents and signed by the tenant, stating that respondents moved into the premises in December 2015, less than seven months before tenant’s death. Our review of the record discloses no reason to disturb the factual findings of the trial judge, who was in the best position to assess the value of the witnesses’ testimony (see Claridge Gardens v. Menotti, 160 AD2d 544 [1990]).We have considered appellants’ remaining contentions and find them unpersuasive.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.January 25, 2019

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Labor & Employment Attorney - New York, NY

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
MATRIMONIAL ASSOCIATE ATTORNEY - NEW YORK

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›
Go to Lawjobs