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.