Opinion
April 25, 1995
Appeal from the Supreme Court, First Department (Pierre Turner, J.).
Respondent's father was a statutory tenant, and a right of succession broadly encompassed his family members, including his child (see, Matter of Duell v Condon, 84 N.Y.2d 773, 780). Petitioner failed to raise an issue disputing respondent's assertions that she was living with her mother when the statutory tenancy of her father ended in 1974 (cf., 911 Alwyn Owners Corp. v Rosenthal, 160 A.D.2d 321, 322). Petitioner offered nothing concrete or reliable in support of his case, and did not even attempt to deny that respondent resided in the apartment up to 1987. With family membership undisputed, the rules of succession applied, and petitioner's only remedy, if any, would have been on primary residence grounds; having failed to preserve such grounds by proper notice, he was not entitled to avoid summary judgment (see, Louis v Barthelme, 179 A.D.2d 604, 607).
Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Tom, JJ.