[*1]
Goldman v Executrix of the Estate of Green
2006 NY Slip Op 50688(U) [11 Misc 3d 141(A)]
Decided on April 21, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 21, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, J.
570565/04

Jane H. Goldman, Alan H. Goldman & Louisa Little, as Executors of The Estate of Sol Goldman d/b/a Empire Associates Realty Co. Inc., Petitioner-Landlord- Respondent, The

against

Executrix of the Estate of Joseph Green, Respondent, -and- Nora Green, Respondent-Undertenant-Appellant, John/Jane Doe, Respondent-Undertenant.


Respondent Nora Green appeals from a final judgment of the Civil Court, New York County (Cyril K. Bedford, J.), entered on or about June 23, 2004, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.


Per Curiam:

Final judgment (Cyril K. Bedford, J.), entered on or about June 23, 2004, affirmed, with $25 costs.

Giving due deference to the trial court's findings of fact and credibility (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]), we find no basis to disturb the trial court's determination that appellant, the wife of the deceased tenant, did not meet her affirmative obligation to establish succession rights to the subject rent stabilized apartment (see Rent Stabilization Law [9 NYCRR] § 2523.5[b][1]). The evidence, fairly interpreted, supports a [*2]finding that appellant and her husband lived separate and apart and did not share occupancy of the apartment during the relevant time period, and that she moved into the apartment following her husband's death.

This constitutes the decision and order of the court.
Decision Date: April 21, 2006