Lex & Third 116th St. Corp. v. Marrero

OPINION OF THE COURT

Final judgment, entered October 1, 2004, affirmed, with $25 costs.

The trial evidence, fairly interpreted, supports the court’s determination that respondent and his family have continuously occupied the subject apartment since before June 30, 1971, and that the apartment is subject to rent control (see NY City Rent and Rehabilitation Law [Administrative Code of City of NY] § 26-403 [e] [2] [i] [9]; Rent and Eviction Regulations [9 NYCRR] § 2200.2 [f] [17]; Matter of Posalski v State of N.Y. Div. of Hous. & Community Renewal, Off. of Rent Admin., 291 AD2d 327 [2002]). This…