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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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 8, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ
570002/08.

33-39 East 60th Street LLC, Petitioner-Landlord-Respondent,

against

Susanne Hunter, Respondent-Tenant-Appellant, -and- "John Doe" and "Jane Doe," Respondents-Undertenants.


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