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RHM Estates v. Hampshire

Appellate Division of the Supreme Court of New York, First Department
May 19, 2005
18 A.D.3d 326 (N.Y. App. Div. 2005)

Summary

In RHM Estates v Hampshire, 18 A.D.3d 326 (1st Dept 2005) the Appellate Division, First Department upheld the Housing Court's determination that respondent was entitled to succeed to his deceased roommate's rent controlled apartment despite the lack of evidence supporting an intermingling of finances.

Summary of this case from Graham Court Owners Corp. v. Memminger

Opinion

6045.

May 19, 2005.

Order of the Appellate Term of the Supreme Court, First Department, entered August 24, 2004, which reversed a judgment of Civil Court, New York County (Larry S. Schachner, J.), entered July 7, 2003, in tenant's favor, unanimously reversed, on the law and the facts, without costs, and the landlord's petition dismissed.

Before: Mazzarelli, J.P., Ellerin, Nardelli, Williams and Catterson, JJ., concur.


The evidence presented to the trial court amply supported its conclusion that respondent's relationship with the now deceased tenant of record, Ms. Baer, was that of a nontraditional family member, as defined in Rent Stabilization Code (9 NYCRR) § 2520.6 (o) (2). Respondent lived with Baer for 15 years without paying rent; the two shared holiday and birthday celebrations, traveled together and traditionally ate their breakfast together in the subject apartment. Also, they took care of each other, as needed. It is of note that respondent spent substantial time caring for Baer throughout a lengthy battle with cancer, which eventually took her life. Further, respondent used the apartment's address on a W-2 form, a bank statement and a voter registration form. He also received his mail there. There is no evidence that he had any other address. While the statute considers intermingling of finances, the absence of this factor here does not negate the conclusion that Baer and respondent had a family-like relationship ( see Rent Stabilization Code [9 NYCRR] § 2520.6 (o) (2) ["no single factor shall be solely determinative"]).

The decision of the factfinder should not be disturbed upon appeal unless it is obvious that its conclusions could not be reached under any fair interpretation of the evidence. This is especially true when the findings of fact rest in large measure on considerations relating to the credibility of witnesses ( Claridge Gardens, Inc. v. Menotti, 160 AD2d 544, 544-545; Nightingale Rest. Corp. v. Shak Food Corp., 155 AD2d 297, lv denied 76 NY2d 702). Here, the totality of the evidence before the trial court supported its determination that the respondent and Ms. Baer lived together for 15 years as "non-traditional family members."

Accordingly, we reverse the order appealed and dismiss the petition. [ See 5 Misc 3d 43.]


Summaries of

RHM Estates v. Hampshire

Appellate Division of the Supreme Court of New York, First Department
May 19, 2005
18 A.D.3d 326 (N.Y. App. Div. 2005)

In RHM Estates v Hampshire, 18 A.D.3d 326 (1st Dept 2005) the Appellate Division, First Department upheld the Housing Court's determination that respondent was entitled to succeed to his deceased roommate's rent controlled apartment despite the lack of evidence supporting an intermingling of finances.

Summary of this case from Graham Court Owners Corp. v. Memminger

In RHM Estates v. Hampshire, 18 AD3d at 327, the Court upheld a finding of succession under facts similar to those presented here. There, as here, the respondent lived with the tenant of record for many years (id.).

Summary of this case from Fleishman Realty Corp. v. Garrison
Case details for

RHM Estates v. Hampshire

Case Details

Full title:RHM ESTATES, Respondent, v. ALAN HAMPSHIRE, Appellant

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

Date published: May 19, 2005

Citations

18 A.D.3d 326 (N.Y. App. Div. 2005)
795 N.Y.S.2d 214

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