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HORSFORD v. BACOTT

32 A.D.3d 310 (2006)

820 N.Y.S.2d 554

CLAUDE HORSFORD et al., Respondents, v. YVONNE BACOTT, Appellant, and "JOHN DOE" et al., Respondents.

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

August 17, 2006.

In this proceeding to recover a rent-stabilized apartment for the use of a member of the landlords' immediate family (see Rent Stabilization Code [9 NYCRR] § 2524.4 [a] [1]), the dissent would have us set aside Civil Court's finding of fact in favor of the landlords, which Appellate Term has affirmed. The dissent would have us do this based solely on the theory—without any precedent in this Court—that the immediate family member's testimony was required...

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