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230 E. 14th St. LLC v Klufas
2006 NY Slip Op 50368(U) [11 Misc 3d 132(A)]
Decided on March 14, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 14, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
570290/04.

230 East 14th Street LLC, Petitioner-Landlord-Respondent,

against

Victoria Klufas, Respondent-Tenant-Appellant, -and- Anna Dyczek, Pawel Dyczek, "John Doe" and "Jane Doe" Respondents-Undertenants.


Tenant appeals from a final judgment of the Civil


Court, New York County (Laurie L. Lau, J.), entered on or about April 23, 2004, after a nonjury trial, awarding possession to landlord in a holdover summary proceeding.
PER CURIAM:

Final judgment (Laurie L. Lau, J.), entered on or about April 23, 2004, affirmed, with $25 costs.

The evidence, fairly considered, supports the trial court's findings that the extensive alterations undertaken by tenant constituted a "complete gutting" of the demised rent controlled apartment, with tenant installing new sheetrock, tearing down a partition and cutting beams, removing and reconfiguring kitchen and bathroom fixtures, and replacing plumbing, wiring, and all of the apartment's windows. The "construction zone" created by the tenant, which resulted in the issuance of a building code violation, materially injured the landlord's reversionary interest and warranted the tenant's eviction (see Freehold Inv. v Richstone, 34 NY2d 612 [1974]; cf. Rumiche Corp. v Eisenreich, 40 NY2d 174 [1976]). Nor do we find record support for the tenant's (unpleaded) claims of waiver and estoppel.
This constitutes the decision and order of the court.
Decision Date: March 14, 2006