GSL ENTERPRISES INC v. “John Doe”, et al., Respondents-Undertenants. (1997)

Order of the Appellate Term of the Supreme Court, First Department (Parness, J.P., McCooe and Freedman, JJ.), entered July 26, 1996, which affirmed a judgment of the Civil Court, New York County (Arlene Hahn, J.), entered March 12, 1995, after a nonjury trial, awarding possession of the subject apartment to petitioner landlord, unanimously affirmed, without costs.

A fair interpretation of the evidence supports Appellate Term's finding that respondent failed to meet his “affirmative obligation” to prove “emotional and financial commitment, and interdependence between [himself] and the tenant” such as would entitle him to succeed to the subject rent-controlled apartment as a nontraditional family member of the tenant (9 NYCRR 2204.6[d][2], [3] ).  All that was offered was respondent's testimony that he and the deceased tenant shared expenses, held some credit cards jointly, and vacationed together on some five occasions over their 11-year relationship, and that he helped to care for the tenant in his illness.   As Appellate Term pointed out, there was no testimony from friends, neighbors, or family members corroborating a family-type, as opposed to close-friend-and-roommate, relationship (see, Seminole Realty Co. v. Greenbaum, 209 A.D.2d 345, 619 N.Y.S.2d 5);  no documentation corroborating the intermingling of finances;  no proof that the two had ever held themselves out as a family unit, executed documents formalizing legal obligations, or jointly celebrated holidays with other family members except on one occasion;  and it was significant that the tenant executed a power of attorney in favor of his sister, and amended his will to include his desire that his sister “inherit” the apartment.

MEMORANDUM DECISION.