X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

  Respondents appeal from a final judgment and an amended final judgment of the Civil Court of the City of New York, New York County (Jack Stoller, J.), entered, respectively, on or about December 20, 2017 and April 9, 2018, after a nonjury trial, awarding possession to landlord in a holdover proceeding. PER CURIAM Amended final judgment (Jack Stoller, J.), entered on or about April 9, 2018, affirmed, without costs. Appeal from final judgment (Jack Stoller, J.), entered on or about December 20, 2017 dismissed, without costs, as superseded by the amended judgment. Giving due deference to the trial court’s findings of fact and credibility, we find no cause to disturb the court’s ultimate determination denying respondents succession rights to the subject rent controlled apartment. Even accepting respondents’ contention that their succession claim vested when a “nephew” legally qualified as a protected “family member” under the succession provisions of the rent control law (cf. New York City Rent and Eviction Regulations [9 NYCRR] §2204.6[d][3]; 525 W. End Corp. v. Ringelheim, 43 Misc 3d 14 [App Term, 1st Dept 2014]), a fair interpretation of the evidence supports the trial court’s finding that respondents “did not introduce any evidence at trial that [respondent Francois Forray] is the nephew of the prior tenant.” Documents allegedly relevant to Francois’ status as a nephew were proffered for first time in respondents’ posttrial motion, were written in French and were not accompanied by the requisite translator’s attestation (see CPLR 2101[b]). Therefore, even if these documents had been offered at trial, they were facially defective and inadmissible (see Gonzalez v. Abreu, 162 AD3d 748, 749 [2018]). Given respondents’ failure to meet their affirmative obligation of establishing succession rights, we need not consider whether they otherwise waived their succession claim by engaging in a persistent and systematic pattern of deception to conceal their occupancy status. Nevertheless, we would be remiss if we did not note the extensive record support for the trial court’s express finding that respondents engaged in a “decades-long campaign of deception…misleading petitioner as to the whereabouts” of the statutory tenant. As detailed by the trial court, while the original tenant of record John Paddington and his wife Melanie Paddington died in 1967 and 1985, respectively, respondents paid rent in a joint checking account in the name of Francois and “J. Paddington” for many years “with the obvious effect of leading petitioner to believe that ‘John Paddington’ was still in the subject premises and paying the rent.” Furthermore, in a prior nonpayment proceeding against John Paddington, Francois “appeared and falsely represented, by a stipulation that the court took judicial notice of at trial, that [the record tenant] was alive but not present at the time.” When petitioner then commenced an illegal sublet proceeding against John Paddington, respondents revealed for the first time that John Paddington “had been dead for more than forty years at that point” (see Ludlow 65 Realty, LLC v. Chin, 42 Misc 3d 126[A], 2013 NY Slip Op 52129[U] [App Term, 1st Dept 2013]). The creation of a landlord-tenant relationship, whether through succession or otherwise, should not be reduced to a matter of gamesmanship, seduction and artifice (see Chusid v. Wright, 138 AD2d 291, 292 [1998], appeal dismissed 72 NY2d 948 [1988]; see also South Pierre Assoc. v. Mankowitz, 17 Misc 3d 53 [App Term, 1st Dept 2007]). We have examined respondents’ remaining contentions and find them lacking in merit. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Duane Morris LLP has an immediate opening for a senior level, highly motivated litigation associate to join its dynamic and growing Employme...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›