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Dinhofer Family Ltd. Partnership v Palladino
2005 NY Slip Op 52051(U) [10 Misc 3d 133(A)]
Decided on December 15, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DECEMBER 15, 2005 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT June 2005 Term Suarez, P.J., Davis, Schoenfeld, JJ.
570673/04

Dinhofer Family Limited Partnership and Shirley Kerniss, Petitioners-Landlords-Respondents,

against

Marie Palladino, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court, New York County (Laurie L. Lau, J.), entered on or about August 19, 2004 after a hearing, which denied her motion to vacate a stipulation of settlement and granted a cross motion by landlords for issuance of a final judgment and warrant of eviction in a nuisance holdover proceeding.


PER CURIAM:

Order entered on or about August 19, 2004 (Laurie L. Lau, J.), affirmed, without costs.

The hearing evidence, fairly considered, supports the court's express factual findings detailing the tenant's persistent violations of the "so-ordered" stipulation settling the underlying nuisance holdover proceeding and its conclusion that tenant was "a volatile and vitriolic neighbor, prone to . . . threatening behavior [and] acts of vandalism". "While the court acknowledged its sympathy for the tenant, it properly balanced the rights of the other tenants whose health and safety were at risk and declined to grant a further stay of the execution of the warrant." (Stratton Coop. v Fener, 211 AD2d 559 [1995].)

This constitutes the decision and order of the Court.
Decision Date: December 15, 2005