MHM Sponsors Co. v Vernon

[*1] MHM Sponsors Co. v Vernon 2005 NY Slip Op 52012(U) [10 Misc 3d 131(A)] Decided on December 9, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 9, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
DECEMBER 9, 2005
June 2005
Suarez, P.J., Davis, Schoenfeld, JJ., Justices.


MHM Sponsors Co., Petitioner-Respondent, NY County Clerk's No. 570494/05

against

Bernard Vernon, Natalie Vernon, Calendar No. 05-149 Respondents-Appellants, John Doe" and/or "Jane Doe," Respondents.

Tenants appeal from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered on or about July 8, 2004 after a nonjury trial, awarding landlord possession of the subject premises in a nonprimary residence holdover proceeding.

PER CURIAM:

Final judgment (Brenda S. Spears, J.), entered on or about July 8, 2004, affirmed, with $25 costs.

In evaluating the history of this tenancy and the factors bearing on the tenants' nexus to the premises, we
agree that landlord met its burden of establishing, by a preponderance of the evidence, that tenants did not use the apartment as a primary residence (cf. Greenbriar Co. v Lipsman, 11 AD3d 352 [2004], affd __ NY3d __, 2005 NY LEXIS 2630). Indeed, evidence from a recent prior proceeding indicates that tenants maintained the apartment more for storage than habitation.

This constitutes the decision and order of the Court.
Decision Date: December 09, 2005