Opinion
570360/03.
Decided August 11, 2004.
Landlord appeals from an order and final judgment of the Civil Court, Bronx County, dated May 27, 2003 after a nonjury trial (Larry S. Schachner, J.) dismissing the petition and awarding possession to respondent Edward Evans in a holdover summary proceeding.
Order and final judgment dated May 27, 2003 (Larry S. Schachner, J.) affirmed, with $25 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J. HON. PHYLLIS GANGEL-JACOB HON. MARTIN SCHOENFELD, Justices.
The trial court's determination that respondent, the brother of the deceased rent controlled tenant, met his affirmative obligation to establish succession rights to the rent controlled tenancy ( 9 NYCRR § 2204.6[d]) represents a fair interpretation of the evidence and is not disturbed ( 318 E. 93 v. Ward, 276 AD2d 277). The record indicates that respondent moved into the apartment in order to care for his infirm brother in 1995 and resided there as a primary resident for the requisite two-year period immediately prior to the brother's death in December 1999. Civil Court accepted the testimony of respondent's witnesses, including that of a neighbor who lived in a building next door, and rejected the testimony of landlord's on-site employee as "vague and unspecific." Contrary to landlord's contention, the paucity of documentary evidence is not fatal to a valid succession claim where, as here, credible testimonial evidence was presented at trial (300 E. 34th St. Co. v. Habeeb, 248 AD2d 50, 55; see also, 23 Jones St. Assocs. v. Keebler-Beretta, 284 AD2d 109). Moreover, while not dispositive, there was no evidence connecting respondent to any other residence.
This constitutes the decision and order of the court.