In 25 W. 68th St. LLC v. Whitman , 25 brought a holdover proceeding against Brook Whitman.
Brook lived in the rent-controlled apartment with his grand-uncle for more than two years prior to the latter's death. Thereafter, Brook stayed in the unit claiming to be a "non-traditional family member" entitled to succeed to his grand-uncle's tenancy.
When the New York City Civil Court sided wth Brook, the landlord appealed to the Appellate Term, First Department.
The AT1 found that Brook was entitled to remain in the unit since he and his grand-uncle shared an "emotional and financial commitment and interdependence." The two held joint bank accounts, credit cards, shared household expenses, and "engaged in social activities and recreational activities and attended family functions together." Brook also accompanied his grand-uncle to medical appointments, "attended to him during hospitalizations," and was the beneficiary of half of his grand-uncle's estate.
"I don't know just what went wrong. Those Were The Days. "
To download a copy of the Appellate Term's decision, please use this link: 25 W. 68th St. LLC v. Whitman