BNS Bldgs. v Philippe

[*1] BNS Bldgs. v Philippe 2004 NY Slip Op 50559(U) Decided on June 3, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 3, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J. GOLIA and RIOS, JJ.
NO. 2003-1028 K C

BNS BUILDINGS, LLC, Appellant,

against

ROMANE PHILIPPE, Respondent, -and- "JOHN DOE" and "JANE DOE", Undertenants.

Appeal by landlord from a final judgment of the Civil Court, Kings County (D. Silber, J.), entered July 11, 2002, following a jury trial, dismissing the petition.

Final judgment unanimously reversed without costs and a new trial ordered.

In this licensee summary proceeding involving rent-controlled premises, the weight of the evidence introduced at the trial does not support the jury's finding that occupant and the tenant of record lived together in the rent-controlled subject premises for at least the two years required by 9 NYCRR 2204.6 (d) (1), and that they did so in an emotionally and financially committed interdependent relationship (9 NYCRR 2204.6 [d] [3] [i]; see generally Braschi v Stahl Assocs. Co., 74 NY2d 201 [1989]). While no single factor enumerated in the regulations or in Braschi is determinative, the totality of the evidence does not support the jury's conclusion, as occupant [*2]submitted no documentary evidence bearing upon any factor, and the testimony of occupant and his witnesses was couched in generalities and at times was contradictory.
Decision Date: June 03, 2004