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VESKY v. ANTUNEZ

191 Misc.2d 246 (2002)

740 N.Y.S.2d 545

ERIK VESKY, Appellant, v. PAULO ANTUNEZ, Respondent.

Supreme Court, Appellate Term, First Department.

April 5, 2002.

Attorney(s) appearing for the Case

Fromme, Schwartz, Newman & Cornicello, LLP, New York City (Peter A. Schwartz and Susan Baumel-Cornicello of counsel), for appellant.

Mayne Miller, New York City, for respondent.

DAVIS, J.P., GANGEL-JACOB and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment dated April 7, 2000 reversed, with $25 costs, final judgment of possession is granted to petitioner and the matter is remanded to the court below for a hearing to determine use and occupancy due petitioner.

The record evidence does not support application of the illusory tenancy doctrine. Respondent paid $3,000 to the record tenant to take over the...

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