420 EAST ASSOCIATES v. EST. OF JUDITH LENNON

Defendant Soble, the occupant of the subject apartment, failed to present any evidence demonstrating a material issue of fact as to her right of succession to the subject apartment. Had the subject apartment been her primary residence for no less than two years prior to the permanent vacating of the apartment by the original tenant of record, supporting evidence, such as affidavits of third parties, correspondence addressed to her at the apartment, and/or commercial receipts, would be readily available to defendant-appellant ( see, Matter of Rose Assocs. v State Div. of Hous. Community Renewal, 121 A.D.2d 185). However, the record is completely devoid of such proof. The landlord, on the other hand, submitted overwhelming documentary proof that defendant's primary residence during the period in question was in Maryland.

Defendant's remaining contentions are without merit.

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Williams, JJ.