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85TH Columbus Corp. v. Eberman

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 24, 2019
65 Misc. 3d 137 (N.Y. App. Term 2019)

Opinion

570453/19

10-24-2019

85TH COLUMBUS CORP., Petitioner-Respondent, v. Laura EBERMAN, Respondent-Appellant, and "John and Jane Doe", Respondents-Occupants.


Per Curiam.

Order (Daniele Chinea, J.), dated April 25, 2019, affirmed, with $10 costs.

We agree that respondent Laura Eberman failed to establish her entitlement to summary judgment on her claim to succeed to her mother's rent stabilized apartment (see Rent Stabilization Code [9 NYCRR] § 2523.5[b][1] ), particularly given the documentary evidence showing that respondent was the rent stabilized tenant of another apartment in the same building during the period at issue (see 601-609 W. 175th St. Corp. v. Munoz , 2003 NY Slip Op 51472[U] [App Term, 1st Dept 2003] ; see also Ennismore Apts., Inc. v. Gruet , 29 Misc 3d 48 [App Term, 1st Dept 2010] ). On this record, it cannot be said that respondent has carried her burden of establishing a prima facie showing of entitlement to summary judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case (see West 157th St. Assoc. v. Sassoonian , 156 AD2d 137, 139 [1989] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

85TH Columbus Corp. v. Eberman

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 24, 2019
65 Misc. 3d 137 (N.Y. App. Term 2019)
Case details for

85TH Columbus Corp. v. Eberman

Case Details

Full title:85th Columbus Corp., Petitioner-Respondent, v. Laura Eberman…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Oct 24, 2019

Citations

65 Misc. 3d 137 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51679
119 N.Y.S.3d 364