23 JONES v. KEEBLER-BERETTA


186 Misc.2d 799 (2000)

721 N.Y.S.2d 452

23 JONES STREET ASSOCIATES, Appellant, v. JUDITH KEEBLER-BERETTA, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

October 5, 2000.


Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler & Schwartz, P.C., New York City (Paul N. Gruber, Jeffrey R. Metz and Bradley S. Silverbush of counsel), for appellant.

Timothy James for respondent.

PARNESS, P. J., and GANGEL-JACOB, J., concur; McCOOE, J., dissents in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Final judgment entered January 24, 1997 affirmed, with $25 costs.

In this holdover licensee proceeding, the record supports the jury's determination that respondent Judith Keebler-Beretta primarily resided in the subject rent-controlled apartment at 23 Jones Street from the time of her marriage to tenant Louis Beretta in 1992 until tenant's death in 1995, satisfying her affirmative obligation to establish succession...

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