E 10TH ST v. GOLDSTEIN ESTATE


154 A.D.2d 142 (1990)

East 10th Street Associates, Respondent, v. Estate of Stuart Goldstein et al., Respondents, and Robert Wells, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 13, 1990


Attorney(s) appearing for the Case

Michael B. Kramer for respondent.

James Briscoe West for appellant.

Steven A. Rosen (Paula L. Ettelbrick and Evan Wolfson with him on the brief), for Lambda Legal Defense and Education Fund and others, amici curiae.

William B. Rubenstein, Nan D. Hunter and Judith Levin, and Robert Levy for American Civil Liberties Union and others, amici curiae.

MURPHY, P. J., ROSENBERGER and KASSAL, JJ., concur.


ASCH, J.

Robert Wells and Stuart Goldstein met in 1973 and entered into a "gay-life partnership" which lasted until Goldstein's death in October 1987. In 1977, Goldstein and Wells together moved into the apartment at issue, which was rent stabilized with Goldstein the named tenant on the lease. Wells has made the apartment his family home for more than 12 years. The evidence clearly indicates that he considered...

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