Opinion
570536/09.
Decided February 25, 2010.
Respondent Barbara Mitchell appeals from a final judgment of the Civil Court of the City of New York, New York County (Michele D. Schreiber, J.), entered on or about April 23, 2009, after a nonjury trial, which awarded possession to landlord in a licensee holdover summary proceeding.
Final judgment (Michele D. Schreiber, J.), entered on or about April 23, 2009, affirmed, without costs.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
The trial court's determination that respondent Barbara Mitchell did not meet her affirmative obligation to establish succession rights to the subject rent controlled apartment premises ( see Rent and Evictions Regulations [ 9 NYCRR] § 2204.6[d]) represents a fair interpretation of the evidence ( see 318 E. 93, LLC v Ward, 276 AD2d 277). Respondent failed to submit probative evidence confirming that she primarily resided with the record tenant at the subject premises for the requisite two-year period. Although the paucity of documentary evidence linking respondent to the subject premises is not fatal to her succession claim ( see A K Sanford Realty Corp. v Galvez , 8 Misc 3d 133[A] [2005], 2005 Slip Op 51156[U]), the court was permitted to find that she failed to establish "by a preponderance of credible personal testimony" ( 300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 55; see 23 Jones St. Assoc. v Keebler-Beretta, 284 AD2d 109) that the subject apartment was her primary residence for the relevant time period. We note in this connection the strong evidence presented by petitioner connecting respondent to a different unit in the subject building premises during most of the relevant two-year period.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.