Landlord appeals from a final judgment of the Civil Court, New York County, entered January 22, 2004 after a nonjury trial (Joan M. Kenney, J.) in favor of tenant dismissing the petition in a summary holdover proceeding.

PER CURIAM:

Final judgment entered January 22, 2004 (Joan M. Kenney, J.) reversed, with $30 costs, and final judgment awarded to landlord on the holdover petition. Execution of the warrant shall be stayed on condition that tenant, within 10 days after service of a copy of this order with notice of entry, grants access to the landlord for the purpose of inspecting the apartment premises and/or making necessary repairs.

Landlord commenced this holdover proceeding on the ground that tenant had violated a substantial obligation of his tenancy by failing to provide access to the apartment premises to enable landlord to complete repairs to the bathroom area. After trial, the court dismissed the petition upon a finding, inter alia, that the allegations concerning "the necessity of the repairs . . . were made in bad faith" and that landlord had failed "to present a prima facie case." To the contrary, the trial evidence persuasively established that tenant unreasonably refused access to the apartment premises over an extended period of time, failing to comply with an August 2001 so-ordered stipulation and the court's May 2003 "interim" order to provide access. Nor did tenant demonstrate any bad faith on the landlord's part in coordinating access dates or otherwise. Tenant waived any jurisdictional claim by raising no Objection to the contents of the termination notice or petition at any time during the trial proceedings below (see 433 West Assocs. v Murdock, 276 AD2d 360 [2000]).

We have afforded tenant a final opportunity to cure pursuant to RPAPL 753(4), in order to avoid forfeiture of this rent-stabilized tenancy.

This constitutes the decision and order of the Court. [*2]
Decision Date: September 28, 2005