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LEX & THIRD 116TH ST. CORP. v. MARRERO

23 Misc.3d 59 (2009)

LEX & THIRD 116TH ST. CORP., Appellant, v. PERFECTO MARRERO, Respondent.

Supreme Court, Appellate Term, First Department.

Decided April 27, 2009.

Attorney(s) appearing for the Case

Rapport, Hertz, Cherson & Rosenthal, Forest Hills (David I. Paul of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Robert J. McCallum of counsel), and Legal Aid Society, New York City, for respondent.

McKEON, P.J., SCHOENFELD and HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered October 1, 2004, affirmed, with $25 costs.

The trial evidence, fairly interpreted, supports the court's determination that respondent and his family have continuously occupied the subject apartment since before June 30, 1971, and that the apartment is subject to rent control (see NY City Rent and Rehabilitation Law [Administrative Code of City of NY] § 26-403 [e] [2] [i] [9]; Rent...

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