Building Super Showed He Paid Rent and Was Therefore a Tenant

Landlord sued to evict the building super from his apartment after the super's employment was terminated. The super claimed that he started working at the building in 1999 but soon thereafter was given a different apartment, his job title was changed to janitor, and landlord deducted rent payments from his salary. The trial court ruled for landlord. The super appealed and won. Landlord had presented no witness with personal knowledge or documentary proof such as an employment contract, board minutes, tax forms, or salary receipts, to prove that the super had moved into his current apartment as an incident of employment rather than as a tenant. The case was dismissed.

350-352 South Fourth Street, HDFC v. Torres: 2017 NY Slip Op 27208, 2017 WL 2674022 (App. T. 2 Dept.; 6/16/17; Weston, JP, Pesce, Aliotta, JJ)