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257 Cent. Park W., Inc. v Haberman
2004 NY Slip Op 50953(U)
Decided on August 12, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.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 12, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570862/03

257 CENTRAL PARK WEST, INC., Petitioner-Landlord-Respondent,

against

SIMON . HABERMAN, Respondent-Appellant.


Respondent Simon Haberman appeals from a final judgment of the Civil Court, New York County, entered October 3, 2003 after trial (Delores J. Thomas, J.) awarding landlord possession in a licensee holdover proceeding.


PER CURIAM:

Final judgment entered October 3, 2003 (Delores J. Thomas, J.) affirmed, with $25 costs.

The trial court properly determined that respondent was in breach of the proprietary lease and the cooperative's house rules by using an assigned parking space without maintaining his primary residence in the subject building. Respondent failed to produce a rider to the proprietary lease purporting to reserve his right to occupy the space. Accordingly, petitioner was entitled to a possessory judgment.

We have considered respondent's remaining arguments and find them to be without merit and/or unpreserved for appellate review.

This constitutes the decision and order of the court.