Opinion
2004-1466 Q C.
Decided July 1, 2005.
Appeal by landlords from a final judgment of the Civil Court, Queens County (M. McGowan, J.), entered July 30, 2004, dismissing the petition.
Final judgment unanimously affirmed without costs.
Before: PRESENT: GOLIA, J.P., RIOS and BELEN, JJ.
In this summary holdover proceeding, in which landlords allege that the apartment was no longer the primary residence of tenant of record Mary Tolbert and that occupant Deborah Geter had no right to succeed Tolbert as tenant, there was sufficient evidence to support the trial court's conclusion that occupant is entitled to recognition as the tenant of the premises. Occupant established through unrebutted testimony that Wavecrest Management (Wavecrest), a prior owner of the premises or the managing agent of a prior owner, affirmatively recognized her as the tenant in fact some ten years prior to the date of trial; that the continuing use of the name of the tenant of record, Mary Tolbert, was for the administrative convenience of Wavecrest; that Wavecrest knew that Tolbert was moving out of the premises and that occupant would remain therein, and that a subsequent landlord, Aeorok Realty, continued this arrangement and took rent in occupant's name alone ( see generally Matter of Equity Props. Corp. v. Joy, 48 AD2d 630, affd 39 NY2d 762; see also 240 W. 73rd St. LLC v. Weber, NYLJ, Jan. 25, 2000 [App Term, 1st Dept]). Thus, affirmative recognition of the tenancy by the prior landlords, not merely their knowledge and tolerance of occupant's presence and silent acceptance of rent from her, was shown ( cf. Sullivan v. Brevard Assoc., 66 NY2d 489; Gregory v. Colonial DPC Corp. * * *, 234 AD2d 419).