No Negative Inference Drawn by Court Where Tenant Didn't Testify

Landlord sued to evict rent-stabilized tenant for nonprimary residence, and named tenant's sister as an apartment occupant. After pretrial questioning, tenant surrendered possession of the apartment. Her sister claimed succession rights. Landlord agreed that the sister was a senior citizen but disputed the sister's claim that she lived together with tenant in the apartment for at least one year before tenant surrendered possession. After the sister testified at trial, landlord argued that the sister failed to prove that she'd lived with tenant for at least a year before tenant moved out, and asked the court to draw a negative inference from the fact that tenant didn't testify at trial and to deny her succession defense. The court ruled against landlord. The tenant must only retain some connection to the property for co-residency to be established, and tenant had given up the apartment before the trial started. Landlord could continue the trial to put on its rebuttal of the succession defense.

Queens Fresh Meadows, LLC v. Farrer: 76 Misc.3d 1226(A), 2022 NY Slip Op 51056(U)(Civ. Ct. Queens; 10/14/22; Guthrie, J)