601-609 W. 175th St. Corp. v Munoz
2003 NY Slip Op 51472(U)
Decided on November 25, 2003
Appellate Term, First Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Landlord and Tenant—Rent Regulation

Decided on November 25, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570775/02

601-609 WEST 175TH STREET CORP., Petitioner-Landlord-Respondent,

against

RICHARD MUNOZ,


[*2] Respondent-Tenant, ALBERTO CASTRO, Respondent-Undertenant-Appellant.

Respondent Alberto Castro appeals from a final judgment of the Civil Court, New York County, entered May 6, 2002 after trial (Shlomo S. Hagler, J.) granting possession to petitioner in a holdover summary proceeding.


PER CURIAM:

Final judgment entered May 6, 2002 (Shlomo S. Hagler, J.) affirmed, with $25 costs.

Respondent failed to establish his succession claim to the apartment premises, particularly given the documentary evidence that he was the tenant of record of another rent stabilized apartment during the period at issue. Nor is respondent entitled to a new trial, since he was afforded ample opportunity as a pro se litigant to present his case [*3](see, Roundtree v Singh, 143 AD2d 995 [1988]). Civil Court's denial of respondent's application for an adjournment was an appropriate exercise of discretion in light of the previous adjournments granted in the proceeding (see, Stoves & Stones, Ltd. v Rubens, 237 AD2d 280 [1997]).

This constitutes the decision and order of the court.