Opinion
2003-1028 KC.
Decided June 3, 2004.
Appeal by landlord from a final judgment of the Civil Court, Kings County (D. Silber, J.), entered July 11, 2002, following a jury trial, dismissing the petition.
Final judgment unanimously reversed without costs and a new trial ordered.
PRESENT: PESCE, P.J. GOLIA and RIOS, JJ.
In this licensee summary proceeding involving rent-controlled premises, the weight of the evidence introduced at the trial does not support the jury's finding that occupant and the tenant of record lived together in the rent-controlled subject premises for at least the two years required by 9 NYCRR 2204.6 (d) (1), and that they did so in an emotionally and financially committed interdependent relationship ( 9 NYCRR 2204.6 [d] [3] [i]; see generally Braschi v. Stahl Assocs. Co., 74 NY2d 201). While no single factor enumerated in the regulations or in Braschi is determinative, the totality of the evidence does not support the jury's conclusion, as occupant submitted no documentary evidence bearing upon any factor, and the testimony of occupant and his witnesses was couched in generalities and at times was contradictory.