[*1]
Spivak v Abrahamson
2006 NY Slip Op 50535(U) [11 Misc 3d 138(A)]
Decided on April 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 3, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, SCHOENFELD, JJ
570626/05.

Howard B. Spivak and Judith Zorfas Spivak, Petitioners-Landlords-Respondents,

against

Gail Abrahamson, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of the Civil Court, New York County (Jerald R. Klein, J.), entered on or about December 7, 2004, after a nonjury trial, which awarded possession to landlords in an owner occupancy holdover proceeding.


PER CURIAM
Final judgment (Jerald R. Klein, J.) entered on or about December 7, 2004, affirmed, with $25 costs.

The evidence, fairly interpreted, supports the trial court's determination that landlords genuinely intend to occupy the subject apartment as part of an overall, documented plan to expand their apartment, which is adjacent to the subject apartment, to add a library and study area for their children. We find no basis to disturb the trial court's fact-based credibility determination on the issue of good faith (see Powers v. Babic, 177 AD2d 432 [1991]).

We have considered tenant's remaining arguments and find them unavailing.

This constitutes the decision and order of the court.
Decision Date: April 3, 2006