Greenport Assoc. v Gallimore (2005 NYSlipOp 50649(U))

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Greenport Assoc. v Gallimore

2005 NYSlipOp 50649(U)

Decided on April 29, 2005

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 29, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., RIOS and BELEN, JJ.
2004-857 Q C

Greenport Associates, Appellant,

against

Hyacinth Gallimore JOSEPHINE NELSON "JOHN DOE"/"JANE DOE", Respondents.

Appeal by landlord from a final judgment of possession of the Civil Court, Queens County (J. Grayshaw, J.), entered June 30, 2004, in favor of tenant dismissing the petition.

Final judgment unanimously affirmed without costs.

Landlord instituted this holdover summary proceeding pursuant to a notice of termination of tenant's Section 8 unit based on a claim of fraud. After reviewing the record and the issues raised on appeal, we are in agreement with the trial court that the
evidence presented was insufficient to establish that the acts complained of constituted fraud as defined in HUD Handbook 4350.3, "Occupancy Requirements of Subsidized Multifamily Housing Programs." In view of the foregoing, the final judgment dismissing the petition is affirmed.
Decision Date: April 29, 2005