Opinion
570512/04.
Decided July 20, 2005.
Respondent Calderon appeals from a final judgment of the Civil Court, New York County, entered May 20, 2004 after a nonjury trial (Peter M. Wendt, J.) which awarded possession to landlord in a holdover summary proceeding.
Final judgment entered May 20, 2004 (Peter Wendt, J.) affirmed, without costs.
Before: PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.
We agree that appellant failed to meet the "affirmative obligation" of establishing the type of "emotional and financial commitment and interdependence" necessary to establish a right of succession to the subject rent controlled apartment as a non-traditional family member of the deceased tenant ( 9 NYCRR 2204.6[d][3]). There was no documentary or other credible evidence that appellant and the deceased tenant intermingled finances, formalized legal obligations or jointly owned property ( GSL Enters. v. Lopez, 239 AD2d 122; Seminole Realty Co. v. Greenbaum, 209 AD2d 345, appeal dismissed 85 NY2d 922). There was no proof that appellant and the deceased tenant held themselves out to the community as a family unit, or jointly celebrated holidays with other family members, and it is significant that an unrelated third party was named beneficiary of the deceased tenant's death benefit and bank account ( see GSL Enters. v. Lopez, supra, 239 AD2d 122). Giving due deference to the trial court's findings of fact and credibility ( Claridge Gardens v. Menotti, 160 AD2d 544, no basis exists to disturb the determination that appellant's status was that of a close friend and roommate without the familial and financial commitment requisite for housing succession purposes ( 9 NYCRR 2204.6 [d][3][i]; see 390 West End Associates v. Wildfoerster, 241 AD2d 402).
This constitutes the decision and order of the court.