Rostant v 790 RSD Acquisition LLC

[*1] Rostant v 790 RSD Acquisition LLC 2008 NY Slip Op 52308(U) [21 Misc 3d 138(A)] Decided on November 18, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 18, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570288/07.

Caroline Rostant, Petitioner-Respondent,

against

790 RSD Acquisition LLC, Respondent-Appellant.

Respondent appeals from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated May 2, 2007, after a hearing, which granted petitioner's motion to be restored to possession.

Per Curiam.

Order (Laurie L. Lau, J.), dated May 2, 2007, affirmed, with $10 costs.

Giving due deference to the hearing court's findings of fact and credibility, we find no basis to disturb the court's determination that petitioner, the stepdaughter of the now deceased rent-controlled tenant, was in constructive possession of the premises (see RPAPL 713 [10]), and that landlord's principal was aware of petitioner's possessory claim at the time of the lockout (see Banks v 508 Columbus Properties, 8 Misc 3d 135[A], 2005 NY Slip Op 51189[U] [2005]. In the circumstances present, we agree that petitioner could not legally be ousted without legal process.

This constitutes the decision and order of the court.
Decision Date: November 18, 2008