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O'Porto Holding Co., Ltd. v. Estate of Boone

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 24, 2009

O'PORTO HOLDING COMPANY, LTD., PLAINTIFF-RESPONDENT,
v.
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.

117056/06

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 [1997]), 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 [1993]).

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.

20091124

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