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Seminole Realty Co. v. Greenbaum

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 345 (N.Y. App. Div. 1994)

Summary

In Seminole Realty Co. v Greenbaum, the respondent never "jointly celebrated most major holidays or attended important celebrations with each other's families" (Seminole Realty Co. v Greenbaum 209 AD2d 345, 346 [1st Dept, 1994]).

Summary of this case from 530 Second Ave. Co. v. Zenker

Opinion

November 22, 1994

Appeal from the Supreme Court, First Department (Ostrau, J.P., Parness and Miller, JJ.).


We agree with the trial court and Appellate Term that respondent-appellant's relationship to the tenant was that of a close friend and roommate not characterized by the requisite "emotional and financial commitment and interdependence" connoting a family relationship (Braschi v. Stahl Assocs. Co., 74 N.Y.2d 201, 211), and that she was therefore not entitled to succession rights to the subject rent stabilized apartment as a nontraditional family member under the standards set forth in Rent Stabilization Code (9 N.Y.CRR) § 2520.6 (o) (2) and § 2523.5 (b) (1). The women never intermingled their finances or jointly owned real or personal property, held themselves out as a family unit, executed documents formalizing legal obligations, jointly celebrated most major holidays or attended important celebrations with each other's families (see, Ramirez v. Lewis, 177 A.D.2d 296). Appellant's argument that it is a denial of equal protection to exclude adult friends in a sibling-like relationship from the class of persons entitled to succession rights is improperly raised for the first time on this appeal (Matter of Garfield, 14 N.Y.2d 251, 260), and in any event the relationship here was that of roommates rather than siblings (compare, Colon v. Frias, 162 Misc.2d 36 [Civ Ct, Kings County, 1994]).

Concur — Sullivan, J.P., Rosenberger, Ellerin, Kupferman and Williams, JJ.


Summaries of

Seminole Realty Co. v. Greenbaum

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 345 (N.Y. App. Div. 1994)

In Seminole Realty Co. v Greenbaum, the respondent never "jointly celebrated most major holidays or attended important celebrations with each other's families" (Seminole Realty Co. v Greenbaum 209 AD2d 345, 346 [1st Dept, 1994]).

Summary of this case from 530 Second Ave. Co. v. Zenker
Case details for

Seminole Realty Co. v. Greenbaum

Case Details

Full title:SEMINOLE REALTY CO., as Holder of Unsold Shares of 255 West 84th Street…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 22, 1994

Citations

209 A.D.2d 345 (N.Y. App. Div. 1994)
619 N.Y.S.2d 5

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