[*1]
Shuk Ying Sy v Doe
2004 NY Slip Op 50951(U)
Decided on August 11, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 11, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570360/03

SHUK YING SY, Petitioner-Landlord-Appellant, "

against

JOHN DOE" and "JANE DOE," Respondents-Respondents.


Landlord appeals from an order and final judgment of the Civil Court, Bronx County, dated May 27, 2003 after a nonjury trial (Larry S. Schachner, J.) dismissing the petition and awarding possession to respondent Edward Evans in a holdover summary proceeding.


PER CURIAM:

Order and final judgment dated May 27, 2003 (Larry S. Schachner, J.) affirmed, with $25 costs.

The trial court's determination that respondent, the brother of the deceased rent controlled tenant, met his affirmative obligation to establish succession rights to the rent controlled tenancy (9 NYCRR § 2204.6[d]) represents a fair interpretation of the evidence and is not disturbed (318 E. 93 v Ward, 276 AD2d 277 [2000]). The record indicates that respondent moved into the apartment in order to care for his infirm brother in 1995 and resided there as a primary resident for the requisite two-year period immediately prior to the brother's death in December 1999. Civil Court accepted the testimony of respondent's witnesses, including that of a neighbor who lived in a building next door, and rejected the testimony of landlord's on-site employee as "vague and unspecific." Contrary to landlord's contention, the paucity of [*2]documentary evidence is not fatal to a valid succession claim where, as here, credible testimonial evidence was presented at trial (300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 55 [1997]; see also, 23 Jones St. Assocs. v Keebler-Beretta, 284 AD2d 109 [2001]). Moreover, while not dispositive, there was no evidence connecting respondent to any other residence.

This constitutes the decision and order of the court.