| Goris v Salce |
| 2013 NY Slip Op 51678(U) [41 Misc 3d 128(A)] |
| Decided on October 15, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Ricardo Salce appeals from an order of the Civil Court of the City of
New York, New York County (Sabrina B. Kraus, J.), entered on or about December 8,
2011, after a hearing, which granted petitioner's motion to be restored to possession.
Per Curiam.
Order (Sabrina B. Kraus, J.), entered on or about December 8, 2011, affirmed, without costs.
Giving due deference to the hearing court's findings of fact and credibility, we find no basis to disturb the court's determination that petitioner, the son of the now-deceased rent-controlled tenant, was in constructive possession of the premises (see RPAPL 713[10]). In the circumstances, petitioner could not be ousted by respondent, his brother, without legal process (see Rostant v 790 RSD Acquisition LLC, 21 Misc 3d 138[A], 2008 NY Slip Op 52308[U] [App Term, 1st Dept 2008]; Banks v 508 Columbus Props., 8 Misc 3d 135[A], 2005 NY Slip Op 51189[U] [App Term, 1st Dept 2005]).
In affirming the restoration order, we express no view as to the ultimate tenancy status of either party.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 15, 2013