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Riverton Assoc. v Garland
2006 NY Slip Op 51982(U) [13 Misc 3d 133(A)]
Decided on October 18, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 18, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
570191/04

Riverton Associates, Petitioner-Landlord-Respondent, - -

against

Wanda Garland, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of the Civil Court, New York County (Ruben Andres Martino, J.), entered May 22, 2005, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.


PER CURIAM:

Final judgment (Ruben Andres Martino, J.), entered March 22, 2005, affirmed, without costs.

Landlord was properly awarded a final judgment on the chronic rent delinquency holdover petition. The record establishes that tenant's pattern of rent defaults led to the commencement of nine nonpayment proceedings over a 10- year period, which were resolved in landlord's favor, with no bona fide defenses advanced by the tenant. Nor do the circumstances of this case warrant relief from the possessory judgment based upon the relevant factors set forth in 326-330 E. 35th St. Assocs. v. Sofizade, 191 Misc 2d 329 [2002]).

This constitutes the decision and order of the court.
Decision Date: October 18, 2006