The order affirmed a final judgment of the Civil Court of the City of New York, New York County (Ulysses B. Leverett, J.), which had awarded possession of the subject premises to petitioner in a proceeding to terminate a tenancy based upon nonprimary residence. Santorini Equities v Picarra, 19 Misc 3d 137(A), 2008 NY Slip Op 50820(U), reversed. José Luis Torres, White Plains, for appellants.
Throughout this time that the Prior Tenant was in and out of the subject premises as such, and before that, the documentary evidence in the record placed both Respondent and Co-Respondent in the subject premises. The exhibits that Respondent moved into the record that demonstrated his residence at the subject premises back to 2002 include W-2 forms, Columbus Manor, LLC v. Turnbull, 63 Misc.3d 143 (A)(App. Term 1st Dept. 2019), tax returns, Glenbriar Co. v. Lipsman, 5 N.Y.3d 388, 392-393 (2005), Second 82nd Corp. v. Veiders, 146 A.D.3d 696 (1st Dept. 2017), a driver's license, Glenbriar Co., supra, 5 N.Y.3d at 392-393 and school records, Tabak v. Steele, 38 A.D.3d 244 (1st Dept.), reversing Tabak v. Steele, 8 Misc.3d 78 (App. Term 1st Dept. 2005) as per the dissenting opinion of Suarez, J., appeal dismissed, 9 N.Y.3d 918 (2007), Santorini Equities v. Picarra, 19 Misc.3d 137 (A)(App. Term 1st Dept. 2008). Similarly, Co-Respondent's documentary exhibits, including a Court order concerning custody from when Co-Respondent was a minor, school records, cable bills, and the Prior Tenant's death certificate, place him in the subject premises from at least 2008 through the present date.