Opinion
No. 1579.
November 24, 2009.
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about March 5, 2009, which, after a nonjury trial, found that plaintiff was entitled to a judgment of possession, unanimously affirmed, with costs.
Kellner Herlihy Getty Friedman, LLP, New York (Carol Anne Herlihy of counsel), for appellant.
Perry Ian Tischler, Bayside, for respondent.
Before: Mazzarelli, J.P., Nardelli, Catterson, DeGrasse and Roman, JJ.
There is no basis for disturbing the trial court's finding, based on its credibility determinations and the sparse documentary evidence ( see 300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 54-55), that defendants failed to meet their burden of proving that Angela Boone's apartment was her grandson Taylor's primary residence for the two years preceding her death ( see Gottlieb v Licursi, 191 AD2d 256).
We have considered defendants' remaining arguments and find them without merit.