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IN RE: PCV ST OWNER LP (successor owner to Metropolitan Tower Life Insurance Company), Petitioner-Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent.
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered May 22, 2006, which denied petitioner landlord's application to annul respondent's determination that a tenant has succession rights to the subject apartment, unanimously affirmed, without costs.
The complainant submitted documentation that she had lived in the subject apartment with her parents for two years prior to the parents vacating. Such proofs, properly considered, were sufficient to permit a rational finding of the requisite two-year residency without a hearing (Matter of Sangro Mgt. Corp. v. New York State Div. of Hous. & Community Renewal, 25 A.D.3d 330, 807 N.Y.S.2d 338 [2006] ). Petitioner failed to rebut this evidence, or even to address it, in its answer, and was thus precluded from disputing it in its Petition for Administrative Review (Rent Stabilization Code [9 NYCRR] § 2529.6; see Matter of Gilman v. New York State Div. of Hous. & Community Renewal, 99 N.Y.2d 144, 753 N.Y.S.2d 1, 782 N.E.2d 1137 [2002] ).
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Decided: February 20, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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