Family Member Can't Get Tenant's Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed succession rights. After the trial court ruled for landlord, occupant appealed and lost. Occupant claimed that the trial was unfair. But landlord proved that tenant and occupant didn't primarily reside in the apartment together for at least two years before tenant vacated. Although tenant primarily resided elsewhere by 1994, he didn't permanently vacate the apartment until at least 2009. Tenant had appeared in court when landlord sued him for nonpayment of rent that year, and had renewed a series of renewal leases, the last of which expired on Oct. 31, 2009. And occupant wasn't deprived of a fair trial because the court asked witnesses some questions.

610 LLC v. Lewis: NYLJ, 9/6/12, p. 23, col. 6 (App. T. 1 Dept.; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)