NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
November 24, 2009
O'PORTO HOLDING COMPANY, LTD., PLAINTIFF-RESPONDENT,
ESTATE OF ANGELA BOONE, ET AL., DEFENDANTS-APPELLANTS.
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about March 5, 2009, which, after a non-jury trial, found that plaintiff was entitled to a judgment of possession, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Nardelli, Catterson, DeGrasse, Roman, JJ.
There is no basis for disturbing the trial court's finding, based on its credibility determinations and the sparse documentary evidence (see 300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 54-55 ), that defendants failed to meet their burden of proving that Angela Boone's apartment was her grandson Taylor's primary residence for the two years preceding her death (see Gottlieb v Licursi, 191 AD2d 256 ).
We have considered defendants' remaining arguments and find them without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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