Opinion
2004-1085 Q C.
Decided July 21, 2005.
Appeal by occupant Teresa Arteago Guerron from a final judgment of the Civil Court, Queens County (M. McGowan, J.), entered July 2, 2004, which awarded landlord possession.
Final judgment unanimously affirmed without costs.
Before: PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
In this licensee proceeding, occupant Teresa Arteago Guerron sought to succeed to her deceased husband's tenancy of a rent stabilized apartment (Rent Stabilization Code [ 9 NYCRR] § 2520.6 [o] [1]) from which, landlord alleged, occupant had departed some four years before her husband's death. Notwithstanding the assistance of the court and three adjournments to produce documentary or testimonial evidence of her alleged two years' residency (Rent Stabilization Code [ 9 NYCRR] § 2523.5 [b] [1]; Rent Stabilization Assn. of N.Y. City v. Higgins, 83 NY2d 156, 166; see Hughes v. Lenox Hill Hosp., 226 AD2d 4, 14-15 [rejecting claim that succession rights for qualified family members are "automatic"]; Matter of Rose Assoc. v. State Div. of Hous. Community Renewal, Off. of Rent Admin., 121 AD2d 185, 187 [spouses not presumed to maintain a common primary residence]), occupant appeared for trial without any of the "traditional indicia of primary residence" ( 300 E. 34th St. Co. v. Habeeb, 248 AD2d 50, 55) and such "readily available" proof that might corroborate her otherwise bare claim to residency in the relevant period, such as "affidavits of third parties, correspondence addressed to her at the apartment, and/or commercial receipts" ( 420 E. Assocs. v. Estate of Lennon, 223 AD2d 408; see also Cox v. J.D. Realty Assocs., 217 AD2d 179, 184). While the absence of such proof is not necessarily dispositive in the case of an occupant lacking substantial assets or documented social and economic community ties and, for example, where landlord's proof is "dubious" ( 300 E. 34th St. Co. v. Habeeb, 248 AD2d at 55) and the occupant's proof is credible and supported by the testimonial evidence of third parties ( Shuk Ying Sy v. Doe, 4 Misc 3d 139[A], 2004 NY Slip Op 50951[U] [App Term, 1st Dept]; 442 Sterling Place Realty Corp. v. Coleman, NYLJ, Nov. 22, 2000 [App Term, 2d 11th Jud Dists]; 23 Jones St. Assocs. v. Keebler-Beretta, 186 Misc 2d 799, 800 [App Term, 1st Dept 2000]), here, the court found that occupant's entitlement to succeed to her husband's tenancy was not established by "a preponderance of credible personal testimony" ( 300 E. 34th St. Co. v. Habeeb, 248 AD2d at 55), a determination which we perceive no reason to disturb ( Claridge Gardens v. Menotti, 160 AD2d 544).
We have considered occupant's remaining contentions and find them to be without merit (RPAPL 745; Cantoni ITC USA v. Milano Intl., 300 AD2d 334; 601-609 West 175th St. Corp. v. Munoz, 2003 NY Slip Op 51472[U] [App Term, 1st Dept]; see Malaty v. North Ark. Wholesale Co., 305 AD2d 556; Ta-Chotani v. Doubleclick, Inc., 276 AD2d 313; Campbell v. Rogers Wells, 218 AD2d 576, 579).