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MHM Sponsors Co. v. Vernon

Appellate Term of the Supreme Court of New York, First Department
Dec 9, 2005
2005 N.Y. Slip Op. 52012 (N.Y. App. Term 2005)

Opinion

570494/05, 05-149.

Decided December 9, 2005.

Tenants appeal from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered on or about July 8, 2004 after a nonjury trial, awarding landlord possession of the subject premises in a nonprimary residence holdover proceeding.

Final judgment (Brenda S. Spears, J.), entered on or about July 8, 2004, affirmed, with $25 costs.

PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ., Justices.


In evaluating the history of this tenancy and the factors bearing on the tenants' nexus to the premises, we agree that landlord met its burden of establishing, by a preponderance of the evidence, that tenants did not use the apartment as a primary residence ( cf. Greenbriar Co. v. Lipsman, 11 AD3d 352, affd ___ NY3d ___, 2005 NY LEXIS 2630). Indeed, evidence from a recent prior proceeding indicates that tenants maintained the apartment more for storage than habitation.

This constitutes the decision and order of the Court.


Summaries of

MHM Sponsors Co. v. Vernon

Appellate Term of the Supreme Court of New York, First Department
Dec 9, 2005
2005 N.Y. Slip Op. 52012 (N.Y. App. Term 2005)
Case details for

MHM Sponsors Co. v. Vernon

Case Details

Full title:MHM SPONSORS CO., Petitioner-Respondent, v. BERNARD VERNON, NATALIE…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 9, 2005

Citations

2005 N.Y. Slip Op. 52012 (N.Y. App. Term 2005)
809 N.Y.S.2d 482