85TH COLUMBUS CORP v. “John and Jane Doe”, Respondents-Occupants. (2019)

Supreme Court, Appellate Term, New York,

85TH COLUMBUS CORP., Petitioner-Respondent, v. Laura EBERMAN, Respondent-Appellant, “John and Jane Doe”, Respondents-Occupants.

570453 /19

Decided: October 24, 2019

PRESENT: Ling-Cohan, J.P., Gonzalez, J.

Order (Daniele Chinea, J.), dated April 25, 2019, affirmed, with $10 costs.

We agree that respondent Laura Eberman failed to establish her entitlement to summary judgment on her claim to succeed to her mother's rent stabilized apartment (see Rent Stabilization Code [9 NYCRR] § 2523.5[b][1]), particularly given the documentary evidence showing that respondent was the rent stabilized tenant of another apartment in the same building during the period at issue (see 601-609 W. 175th St. Corp. v. Munoz, 2003 NY Slip Op 51472[U] [App Term, 1st Dept 2003]; see also Ennismore Apts., Inc. v. Gruet, 29 Misc 3d 48 [App Term, 1st Dept 2010]). On this record, it cannot be said that respondent has carried her burden of establishing a prima facie showing of entitlement to summary judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case (see West 157th St. Assoc. v. Sassoonian, 156 AD2d 137, 139 [1989]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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