Case Type

Succession

Housing Type

Mitchell-Lama

Court

Appellate Division, First Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

153475/22

Slip Opinion Number

2024 NY Slip Op 04484

Petitioner

Kermit Mantilla

Respondent

New York City Department of Housing Preservation and Development, M Plaza LP

Judge

Webber, J.P., Moulton, Friedman, González, Mendez, JJ.

Decision/Order Date

2024-09-19

Posture

Other

Disposition

Motion Denied for Tenant

Winner

Landlord Substantially Won

Synopsis

The landlord challenged the tenant's succession rights to a Mitchell-Lama apartment. The tenant argued that he resided with his brother in the apartment for at least one year prior to the brother's death. The court found that the tenant failed to provide sufficient documentation to establish primary residency. The court upheld the landlord's denial of the succession rights application.

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