Matsia Props. Corp. v Rodriguez |
2006 NY Slip Op 50546(U) [11 Misc 3d 138(A)] |
Decided on April 5, 2006 |
Appellate Term, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Tirado appeals from a final judgment of the Civil Court, New York County (Brenda Spears, J.), entered on or about June 23, 2004, after trial, which awarded possession to petitioner in a holdover summary proceeding.
PER CURIAM:
Final judgment (Brenda Spears, J.), entered on or about June 23, 2004, affirmed, with $25 costs.
A fair interpretation of the evidence supports the trial court's finding that respondent failed to meet her "affirmative obligation" of establishing succession rights to the rent stabilized apartment as a nontraditional family member of the deceased tenant. No documentary or other credible evidence was presented establishing that respondent and the deceased tenant held themselves out as a family unit, jointly celebrated holidays with other family members, intermingled finances and formalized legal obligations (see GSL Enterprises, Inc. v Lopez, 239 AD2d 122 [1997]). While respondent and the deceased tenant may have been romantically involved at one time, there was no evidence that a relationship characterized by "emotional and financial commitment and interdependence" continued over the years (9 NYCRR 2204.6[d][3]).
The trial court did not abuse its discretion in limiting the purpose for which greeting cards exchanged between respondent and the deceased tenant were admitted into evidence since the cards, exchanged over 14 years before the trial, were of minimal probative value.
This constitutes the decision and order of the court.
Decision Date: April 5, 2006