Salazar v Li (2004 NY Slip Op 51058(U))

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Salazar v Li

2004 NY Slip Op 51058(U)

Decided on September 17, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 17, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570170/04

CATALINA SALAZAR, Petitioner-Landlord-Appellant,

against

SEBASTIAN LI, Respondent-Tenant-Respondent.

Landlord appeals from a final judgment of the Civil Court, New York County, entered October 10, 2003 after a nonjury trial (Jean T. Schneider, J.) dismissing the petition in a holdover summary proceeding.

PER CURIAM:

Final judgment entered October 10, 2003 (Jean T. Schneider, J.) affirmed, with $25 costs.

Based upon Civil Court's credibility findings, to which we defer, landlord failed to establish by objective evidence the requisite good faith for recovery of tenant's rent stabilized apartment for personal use as her primary residence (Rent Stabilization Code [9 NYCRR] § 2524.4[a][1]). Landlord's claim of good faith was negated by landlord's inability to offer a plausible or consistent account of her need for the space and the discrepancies between the landlord's trial testimony in this case and her litigation position in the earlier 1997 owner occupancy proceeding involving another apartment in the subject building.

This constitutes the decision and order of the court.