Gottlieb v. Licursi
| Decision Date | 11 March 1993 |
| Citation | 191 A.D.2d 256,595 N.Y.S.2d 17 |
| Parties | William GOTTLIEB, Petitioner-Respondent, v. Joan R. LICURSI, Respondent-Appellant, and John Doe, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Before MILONAS, J.P., and ROSENBERGER, KUPFERMAN and ROSS, JJ.
Order, Appellate Term, First Department, entered October 30, 1991, which reversed a judgment of the Civil Court, New York County (Peter M. Wendt, H.J.), entered March 5, 1990, awarding respondent-tenant possession of the subject rent-controlled apartment, and awarded a judgment of possession in favor of petitioner-landlord, unanimously affirmed, without costs.
While Appellate Term may have erred in retroactively applying the two year residency requirement of amended New York City Rent and Eviction Regulations, 9 NYCRR 2204.6(d)(1) in determining whether respondent Licursi, a family member of the deceased tenant of record, qualified as a successor tenant (911 Alwyn Owners Corp. v. Estate of Rosenthal, 190 A.D.2d 621, 593 N.Y.S.2d 1018), the result was nevertheless correct, Licursi having failed to meet her burden of proving that she lived with the decedent in a manner "bearing some indicia of permanence or continuity" ( 829 Seventh Avenue Co. v. Reider, 67 N.Y.2d 930, 932-933, 502 N.Y.S.2d 715, 493 N.E.2d 939). As found by Appellate Term, respondent maintained ownership of a house in White Plains, and filed her income tax return from, and registered to vote in, Westchester County throughout her claimed 18-month co-occupancy of the apartment (see Goodhue House Co. v. Bernstein, NYLJ, Dec. 7, 1981, at 14, col. 3).
To continue reading
Request your trial
-
36170 Realty Ltd. v. Boyd
...v. Fischer , 2008 N.Y. Slip Op. 52452[U], *3, 21 Misc. 3d 143[A], 2008 WL 5146963 (App. Term 2008)citing Gottlieb v. Licursi , 191 A.D.2d 256, 595 N.Y.S.2d 17 (1st Dept. 1993). Petitioner clearly proved that Mrs. Boyd died and that Boyd did not reside in the premises for the two years immed......
-
SP 10 Downing LLC v. Gazzoli
...legally sufficient proof to establish primary residency rests with the party claiming succession rights (see Gottlieb v. Licursi, 191 AD2d 256, 595 N.Y.S.2d 17 [1st Dept. 1993]; 68-74 Thompson Realty, LLC v. McNally, 71 AD3d 41, 896 N.Y.S.2d 323 [1st Dept. 2010]). "Primary residence" is jur......
-
Bromer v. Rosensweig
...930, 502 N.Y.S.2d 715, 493 N.E.2d 939; Braschi v. Stahl Assocs. Co., 74 N.Y.2d 201, 544 N.Y.S.2d 784, 543 N.E.2d 49; Gottlieb v. Licursi, 191 A.D.2d 256, 595 N.Y.S.2d 17; Misthopoulos v. Estate of Ruhl, 183 A.D.2d 651, 652, 584 N.Y.S.2d 42), and should continue to do Finally, the respondent......
-
68–74 Thompson Realty Llc v. Mcnally
...legally sufficient proof to establish primary residency rests with the party claiming succession rights ( see Gottlieb v. Licursi, 191 A.D.2d 256, 595 N.Y.S.2d 17 [1993] ). “Primary residence” is judicially construed as “an ongoing, substantial, physical nexus with the ... premises for actu......