TESCO LLC v. Joe Madden, “John Doe” and “Jane Doe”, Undertenants. (2024)

ORDERED that the final judgment, insofar as appealed from, is reversed, without costs, and the matter is remitted to the City Court for the entry of a final judgment dismissing so much of the petition as is against Maura T. Madden.

In this licensee summary proceeding (RPAPL 713 [7]) to recover possession of a rent-stabilized apartment, Maura T. Madden (occupant), the tenant's daughter, answered and defended on the ground that she was entitled to succeed to her mother's tenancy after her mother died (see Emergency Tenant Protection Regulations [9 NYCRR] § 2503.5 [d]). After a nonjury trial, the Civil Court (Evan Inlaw, J.) awarded landlord possession, finding that occupant failed to provide evidence sufficient to establish that she resided in the subject premises for the requisite amount of time in order to obtain succession rights, and the sum of $600. Occupant appeals from so much of a final judgment as was entered against her on July 19, 2023.

Occupant testified that, in 2017, she moved from her home in Ireland into the subject one-bedroom apartment to take care of her mother, who was very sick. She lived with her mother, sleeping on a pull-out couch, until her mother's death in 2020. She submitted into evidence a driver's license and the preceding learner's permit with the subject address on it, as well as other documents showing that she had represented that she lived at the subject address. She explained that she could not submit any tax returns because she cared for her mother full time and did not have an income. Landlord did not proffer any rebuttal testimony or documents. Under the circumstances, including that the trial court did not find in its decision that occupant's testimony lacked credibility, we find that occupant established her right to succeed to her mother's tenancy (see 23 Jones St. Assoc. v Keebler-Beretta, 284 AD2d 109, 109 [2001]; Fieldbridge Assoc., LLC v Sanders, 70 Misc 3d 140[A], 2021 NY Slip Op 50128[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]). We note that, while landlord argues on appeal that occupant did not prove that she was the tenant's daughter, landlord's witness referred to her as such at the trial.

Accordingly, the final judgment, insofar as appealed from, is reversed and the matter is remitted to the City Court for the entry of a final judgment dismissing so much of the petition as is against occupant.

DRISCOLL, J.P., WALSH and GOLDBERG-VELAZQUEZ, JJ., concur.