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PR 247 Wadsworth LLC v DeJesus
2011 NY Slip Op 51600(U) [32 Misc 3d 140(A)]
Decided on August 24, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 24, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Shulman, J.P., Schoenfeld, Torres, JJ
570657/10.

PR 247 Wadsworth LLC, Petitioner-Landlord-Respondent, - -

against

Julissa DeJesus, Respondent-Tenant-Appellant, - and - Ray Hurtado and "John Doe," Respondents-Undertenants.


Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered on or about July 26, 2010, after a nonjury trial, which awarded landlord possession in a holdover summary proceeding.


Per Curiam.

Final judgment (Jean T. Schneider, J.), entered on or about July 26, 2010, affirmed, without costs.

Tenant's present objections to the service and sufficiency of the holdover petition do not implicate the court's subject matter jurisdiction and were waived by tenant's failure to raise these claims at any time during the trial proceedings (see 433 W. Assoc. v Murdock, 276 AD2d 360 [2000]). In affirming the possessory judgment issued in landlord's favor, we note that tenant does not now challenge the court's express factual finding that she acquiesced in the use of the apartment premises as a focal point of illegal drug activities, or otherwise advance a legal basis to set aside the verdict.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 24, 2011