O'Porto Holding Co., Ltd. v Estate of Boone

O'Porto Holding Co., Ltd. v Estate of Boone 2009 NY Slip Op 08702 [67 AD3d 612] November 24, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

O'Porto Holding Company, Ltd., Respondent,
v
Estate of Angela Boone et al., Appellants.

—[*1] Kellner Herlihy Getty & Friedman, LLP, New York (Carol Anne Herlihy of counsel), for appellant.

Perry Ian Tischler, Bayside, for respondent.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about March 5, 2009, which, after a nonjury trial, found that plaintiff was entitled to a judgment of possession, unanimously affirmed, with costs.

There is no basis for disturbing the trial court's finding, based on its credibility determinations and the sparse documentary evidence (see 300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 54-55 [1997]), that defendants failed to meet their burden of proving that Angela Boone's apartment was her grandson Taylor's primary residence for the two years preceding her death (see Gottlieb v Licursi, 191 AD2d 256 [1993]).

We have considered defendants' remaining arguments and find them without merit. Concur—Mazzarelli, J.P., Nardelli, Catterson, DeGrasse and Roman, JJ.