Melohn v. Franklin – Case Brief Summary (New York)

In Melohn v. Franklin (2001 WL 1771829 [Civ Ct NY Co 2001]), aff'd (2002 WL 1880239 [App Term 1st Dep't 2002]), the court granted summary judgment to the respondent on his defense of succession rights to the tenant of record's Rent Controlled apartment where the motion was supported by detailed affidavits of respondent and the tenant of record's two children and grandson; "a plethora of pictures from the different family gatherings through the years (1970's to 1990's)"; postcards; and documentary proof of financial commitment between respondent and the tenant of record in the form of a power of attorney given to respondent by the tenant of record over her checking account, several joint investment accounts, a testamentary trust set up by the tenant of record for respondent and a bequest to respondent's sister in the tenant of record's will. In opposition, the petitioner had "not produced any credible or admissible evidence to cast doubt on the relationship between respondent and the tenant of record, which involved a thirty-five year cohabitation complete with sharing finances and obligations, as well as establishing familial ties." Id.