O'Porto Holding Co., Ltd. v. Estate of Boone

Appellate Division of the Supreme Court of New York

O'Porto Holding Co., Ltd. v. Estate of Boone

67 A.D.3d 612, 888 N.Y.S.2d 406

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

DecidedNovember 24, 2009

StatusPublished

This text of 67 A.D.3d 612 (O'Porto Holding Co., Ltd. v. Estate of Boone) 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

O'Porto Holding Co., Ltd. v. Estate of Boone, 67 A.D.3d 612, 888 N.Y.S.2d 406 (N.Y. Ct. App. 2009).

Pincite

Opinion

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about March 5, 2009, which, after a nonjury trial, found that plaintiff was entitled to a judgment of possession, unanimously affirmed, with costs.

There is no basis for disturbing the trial court’s finding, based on its credibility determinations and the sparse documentary [613]*613evidence (see 300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 54-55 [1997]), that defendants failed to meet their burden of proving that Angela Boone’s apartment was her grandson Taylor’s primary residence for the two years preceding her death (see Gottlieb v Licursi, 191 AD2d 256 [1993]).

We have considered defendants’ remaining arguments and find them without merit. Concur—Mazzarelli, J.E, Nardelli, Catterson, DeGrasse and Roman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about March 5, 2009, which, after a nonjury trial, found that plaintiff was entitled to a judgment of possession, unanimously affirmed, with costs.

There is no basis for disturbing the trial court’s finding, based on its credibility determinations and the sparse documentary [613]*613evidence (see 300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 54-55 [1997]), that defendants failed to meet their burden of proving that Angela Boone’s apartment was her grandson Taylor’s primary residence for the two years preceding her death (see Gottlieb v Licursi, 191 AD2d 256 [1993]).

We have considered defendants’ remaining arguments and find them without merit. Concur—Mazzarelli, J.E, Nardelli, Catterson, DeGrasse and Roman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

67 A.D.3d 612, 888 N.Y.S.2d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oporto-holding-co-ltd-v-estate-of-boone-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack