TABAK v. STEELE


8 Misc.3d 78 (2005)

MORTON TABAK et al., Appellants, v. MARTHA STEELE et al., Respondents.

Supreme Court, Appellate Term, First Department.

May 9, 2005.


Attorney(s) appearing for the Case

Murray Schactman, New York City, for appellants.

Green & Cohen, New York City, for Martha Steele, respondent.

McCOOE and SCHOENFELD, JJ., concur; SUAREZ, P.J., dissents in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Final judgment entered January 10, 2002 affirmed, with $25 costs.

The evidence, fairly interpreted, supports the trial court's fact-laden determination that the long-term (40-year) rent-controlled tenant primarily resides at the subject East 12th Street, Manhattan, apartment and not, as landlords urge, at a Medford, Long Island, property (the Race Avenue property)....

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