25 W. 68th ST. LLC v. WHITMAN

570030/07.

2008 NY Slip Op 51610 (U)

25 WEST 68TH STREET LLC, Petitioner-Appellant, v. MARINA WHITMAN AS EXECUTRIX OF THE ESTATE OF JOSEPH LEDMAN, Respondent-Respondent, and BROOK WHITMAN, CHRISTOPHER COWAN, "JOHN DOE" and/or "JANE DOE," Respondents-Respondents.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 28, 2008.


PER CURIAM.

The evidence adduced at trial amply supports the trial court's determination that Respondent Brook Whitman met his affirmative obligation of establishing succession rights to the subject rent controlled apartment as a non-traditional family member of the deceased tenant. The credited evidence, fairly interpreted, permitted the trial court to find that respondent had lived in the apartment with the tenant of record, his grand-uncle, for more than two years...

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