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Legislative Process Keyed to Mikva, 5th Ed.
Braschi v. Stahl Associates Co.
Citation:
543 N.E.2d 49 (1989)Facts
Miguel Braschi and Leslie Blanchard lived together as life partners for more than ten years in a rent-controlled apartment in New York City. They regarded one another, and were regarded by friends and family, as spouses. Their families were aware of their relationship and they regularly visited each other’s families and attended family functions together as a couple. Braschi listed the apartment as his address on his driver’s license and passport, and received all his mail there. The building’s superintendent and doormen viewed the two men as a couple. Financially, they shared all obligations including a household budget, maintained joint checking and savings accounts, and joint credit cards. Rent was often paid with a check from their joint account. Blanchard executed a power of attorney in Braschi’s favor and named him as the beneficiary of his life insurance policy and primary legatee of his estate. After Blanchard’s death in September 1986, the landlord served Braschi with notices to cure and terminate, claiming he had no right to occupy the apartment since only Blanchard was the tenant of record.
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