Opinion
571138/15
03-01-2016
123-125 Wadsworth Ave. Realty Corp., Petitioner-Landlord-Appellant, v. Roger Gil, Respondent-Tenant, -and- Nilsa Bolta, Respondent-Undertenant-Respondent, -and- "John Doe" and/or "Jane Doe, Respondents.
PRESENT: Schoenfeld, J.P., Shulman, J.
Petitioner-landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated May 4, 2015, which denied its motion for summary judgment of possession in a holdover summary proceeding.
Per Curiam.
Order (Brenda S. Spears, J.), dated May 4, 2015, affirmed, with $10 costs.
We agree with Civil Court that this holdover proceeding is not susceptible to summary disposition, since petitioner failed to eliminate all triable issues of fact with respect to respondent Bolta's nontraditional family member succession defense (see New York City Rent and Eviction Regulations [9 NYCRR] § 2204.6[d][3][i]). On this record, triable issues are presented as to when tenant permanently vacated the apartment - given his deposition testimony that he "didn't really move out" but "gradually stayed" at a friend's apartment, then eventually "stayed there for good." Triable issues are also presented as to whether respondent "resided with" tenant in the apartment for two years prior to tenant's permanent vacatur, in a relationship characterized by "emotional and financial commitment and interdependence" (9 NYCRR § 2204.6[d][1], [d][3][i]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur
Decision Date: March 01, 2016