BRASCHI V. STAHL ASSOCIATES 543 N.E.2d 49 (N.Y. 1989) CASE BRIEF

BRASCHI V. STAHL ASSOCIATES

543 N.E.2d 49 (N.Y. 1989)

NATURE OF THE CASE: This was a dispute over a rent-controlled apartment. Braschi (P) sought review of the judgment which reversed a lower court order granting a motion by P for a preliminary injunction and enjoining Stahl (D) from evicting P from the apartment at which he resided, and denying P's motion.

FACTS: Braschi (P) was living with Leslie Blanchard in a rent-controlled apartment. Blanchard died in September 1986 and in November 1986 Stahl (D) served notice for P to terminate the lease as P was a mere licensee because Blanchard was the tenant of record. P then initiated an action seeking a permanent injunction and a declaration of entitlement to occupy the apartment. P moved for a preliminary injunction, pendente lite, enjoining D from evicting him until a court could determine whether he was a member of Blanchard's family within the meaning of 9 NYCRR 2204.6 (d). The court concluded that P was a 'family member' within the meaning of the regulation and, accordingly, a preliminary injunction should be issued. The court based this decision on its finding that the long-term interdependent nature of the 10-year relationship between appellant and Blanchard 'fulfills any definitional criteria of the term 'family.'' The Appellate Division reversed, concluding that section 2204.6 (d) provides noneviction protection only to 'family members within traditional, legally recognized familial relationships.' P's and Blanchard's relationship was not one given formal recognition by the law. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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