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O'PORTO HOLDING COMPANY, LTD. v. ESTATE OF BOONE

1579.

67 A.D.3d 612 (2009)

888 N.Y.S.2d 406

2009 NY Slip Op 08702

O'PORTO HOLDING COMPANY, LTD., Respondent, v. ESTATE OF ANGELA BOONE et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 24, 2009.

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 A.D.2d 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...

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