Opinion
February 3, 2000
Appeal from a judgment of the Civil Court of the City of New York, New York County (Anne Katz, J.).
Lapidus Smith, L. L. P., New York City (Jeremy J. Krantz and Wayne R. Smith of counsel), for appellant.
Mandel Resnik P. C., New York City (Elizabeth D. Schrero and Jerry A. Montag of counsel), for respondent.
PRESENT: HON. STANLEY PARNESS, P.J., HON. WILLIAM P. McCOOE, HON. WILLIAM J. DAVIS, Justices.
Final judgment dated December 31, 1997 (Anne Katz, J.) affirmed, with $25 costs.
We agree with the trial court's determination that respondent Angelina John, the daughter of the tenant of record, failed to establish that she resided with her mother in the stabilized apartment as a primary residence for at least two years immediately prior to her mother's permanent v. acatur, so as to entitle her to remain in possession under the succession provisions of Rent Stabilization Code § 2523.5 (b) (1). Although respondent-appellant claimed that she resided in the apartment for the requisite two-year period, the customary indicia of such a continuous residence were lacking in the record (420 E. Assocs. v. Estate of Lennon, 223 A.D.2d 408). Nor did respondent present credible testimonial evidence that she was present here on a regular, rather than a sporadic basis, during the relevant time period.
As the trial court found, respondent's "B-1/B-2" visitor's visa restricted her residency here to one year and required her to maintain a permanent residence in Sweden. In addition, respondent maintained an active personal checking account in Stockholm, Sweden, and conducted a business as sole shareholder, through her Swedish corporation, an entity not authorized to do business in New York. Nor did respondent show that she had any independent possessory rights if the apartment or that landlord waived his right to prosecute this proceeding.
Giving due deference to the trial court's findings of fact and credibility (Claridge Gardens v. Menotti, 160 A.D.2d 544), respondent failed to meet her affirmative obligation to establish succession rights to the rent stabilized tenancy.