| Highbridge Park Partners, LLC v Valdez |
| 2006 NY Slip Op 51407(U) [12 Misc 3d 142(A)] |
| Decided on July 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Valdez appeals from a final judgment of the Civil Court, New York County (Jerald R. Klein, J.), entered June 8, 2005, after a nonjury trial, awarding possession to petitioner in a holdover summary proceeding.
PER CURIAM:
Final judgment (Jerald R. Klein, J.), entered June 8, 2005, 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 court's determination that appellant, the daughter of the deceased tenant, failed to meet her affirmative obligation to establish succession rights to the stabilized, Amsterdam Avenue apartment here at issue (see Rent Stabilization Law [9 NYCRR] §2523.5[b][1]). The evidence, fairly considered, supports a finding that, prior to her mother's death, appellant primarily resided in another rent regulated apartment located on West 193rd Street, an address appearing on all of the relevant documents presented at trial.
This constitutes the decision and order of the court.
Decision Date: July 21, 2006