33-39 E. 60th St. LLC v Hunter |
2008 NY Slip Op 52011(U) [21 Misc 3d 129(A)] |
Decided on October 8, 2008 |
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This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York
County (Brenda S. Spears, J.), entered December 17, 2007, after a nonjury trial, which awarded
possession to landlord in a nuisance holdover summary proceeding.
Per Curiam.
Final judgment(Brenda S. Spears, J.), entered December 17, 2007, affirmed,with$25 costs.
The trial court's finding of nuisance is amply supported by the evidence, including surveillance videotapes of the violent and anti-social behavior of tenant and her numerous guests and "roommates," behavior which caused the summoning of police. A documented case of nuisance having been established, a possessory judgment was properly awarded (see Domen Holding Co. v Aranovich, 1 NY3d 117 [2003]; Frank v Park Summit Realty Corp., 175 AD2d 33 [1991], mod on other grounds, 79 NY2d 789 [1991]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 08, 2008