54 Featherco Inc. v. Correa

Appellate Division of the Supreme Court of New York

54 Featherco Inc. v. Correa

251 A.D.2d 23, 673 N.Y.S.2d 658, 1998 N.Y. App. Div. LEXIS 6404

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1998

StatusPublished

Cited by4 cases

This text of 251 A.D.2d 23 (54 Featherco Inc. v. Correa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

54 Featherco Inc. v. Correa, 251 A.D.2d 23, 673 N.Y.S.2d 658, 1998 N.Y. App. Div. LEXIS 6404 (N.Y. Ct. App. 1998).

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Opinion

—Order of the Appellate Term of the Supreme Court, First Department, entered July 28, 1997, which affirmed a judgment of Civil Court, Bronx County (Pierre Turner, J.), entered December 4, 1995, after a nonjury trial, awarding possession of the subject apartment to petitioner landlord, unanimously affirmed, without costs.

A fair interpretation of the evidence supports the finding that respondent-appellant was not a nontraditional family member of respondent tenant entitled to succeed to the latter’s rights to the subject rent-stabilized apartment. A contrary finding is not required by appellant’s testimony, uncorroborated by any documentary evidence, describing her 10-year relationship with the tenant as one involving the sharing of household expenses and activities, traveling and celebrating holidays and birthdays together and holding themselves out as a couple, or the ambiguous letter from the tenant describing appellant as her “lover” and expressing her wish that appellant retain possession of the apartment, or the testimony of acquaintances that the two women lived together and were a couple (see, GSL Enters. v Lopez, 239 AD2d 122). We have considered appellant’s other arguments and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.

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—Order of the Appellate Term of the Supreme Court, First Department, entered July 28, 1997, which affirmed a judgment of Civil Court, Bronx County (Pierre Turner, J.), entered December 4, 1995, after a nonjury trial, awarding possession of the subject apartment to petitioner landlord, unanimously affirmed, without costs.

A fair interpretation of the evidence supports the finding that respondent-appellant was not a nontraditional family member of respondent tenant entitled to succeed to the latter’s rights to the subject rent-stabilized apartment. A contrary finding is not required by appellant’s testimony, uncorroborated by any documentary evidence, describing her 10-year relationship with the tenant as one involving the sharing of household expenses and activities, traveling and celebrating holidays and birthdays together and holding themselves out as a couple, or the ambiguous letter from the tenant describing appellant as her “lover” and expressing her wish that appellant retain possession of the apartment, or the testimony of acquaintances that the two women lived together and were a couple (see, GSL Enters. v Lopez, 239 AD2d 122). We have considered appellant’s other arguments and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.

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Bluebook (online)

251 A.D.2d 23, 673 N.Y.S.2d 658, 1998 N.Y. App. Div. LEXIS 6404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/54-featherco-inc-v-correa-nyappdiv-1998.

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