In 72A Realty v. Kutno, (15 Misc 3d 100 [App Term, 1st Dept 2007]) the respondent-undertenant and tenant lived together in a spousal-type relationship during the mid-1980's, until they initially separated in December 1999. The tenant continued to maintain a nexus with the apartment until at least October 31, 2003, executing a renewal lease, paying rent and staying in the apartment on a sporadic basis. Based on the aforementioned, the Appellate Term held that the tenant permanently vacated in October 2003, and given the dissolution of the relationship some time between 1999 and 2001, the requisite cohabitation for succession was not met.