Preview:

New York City Hous. Authority-Morrisania Air Rights v Shaw (2006 NY Slip Op 51473(U))
[*1]


Decided on July 27, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ 570357/05.
New York City Housing Authority-Morrisania Air Rights, Petitioner-Respondent,
against
Lakena Shaw, William Shaw, Latoya Scarlett "John Doe", "Jane Doe", Respondents -Appellants.
Respondent Lakena Shaw appeals from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered April 21, 2005, after a nonjury trial, which awarded possession to petitioner in a holdover summary proceeding.
Per Curiam:
Final judgment (Brenda S. Spears, J.), entered April 21, 2005, reversed, without costs, and judgment directed in favor of respondent Lakena Shaw dismissing the petition as against her.
Upon our review of the record, we find that respondent Lakena Shaw established her entitlement to a lease to the subject public housing unit as a "remaining family member," it being undisputed that she was a "member of the original tenant family" (New York City Housing Authority Manual, ch VII,

Download 2006_51473.pdf

New York Law