| 3900 Broadway Holding, LLC v Cruz |
| 2016 NY Slip Op 50193(U) [50 Misc 3d 141(A)] |
| Decided on February 22, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Barbara Cruz appeals from a final judgment of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered March 23, 2015, after a nonjury trial, which awarded landlord possession in a holdover summary proceeding.
Per Curiam.
Final judgment (Sabrina B. Kraus, J.), dated March 23, 2015, affirmed, with $25 costs.
The trial court's fact-based determination that respondent Cruz, the daughter of the deceased rent controlled tenant, failed to meet her affirmative obligation to establish succession rights to the subject West 163rd Street apartment (see New York City Rent and Eviction Regulations [9 NYCRR] § 2204.6[d]), represents a fair interpretation of the evidence (see 318 E. 93 v Ward, 276 AD2d 277 [2000]), particularly given the documentary evidence establishing that respondent resided at two other locations with her husband during the relevant two-year period at issue, one of which was a rent stabilized apartment on Stillwell Avenue in Brooklyn, where respondent and her husband were the tenants of record.
Nor has respondent established the requisite extraordinary circumstances necessary to support a claim for ineffective assistance of counsel in the context of civil litigation (see Matter of Robinson, 44 AD3d 961 [2007]; Matter of Cichosz v Cichosz, 12 AD3d 598, 599 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.