T.J. Mont. Enters., Inc. v Centoni (2005 NY Slip Op 52147(U))

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T.J. Mont. Enters., Inc. v Centoni

2005 NY Slip Op 52147(U) [10 Misc 3d 137(A)]

Decided on December 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570456/05.

T.J. Montana Enterprises, Inc., No. Petitioner-Landlord-Respondent,

against

Adrian Centoni, Respondent-Tenant-Appellant.

Respondent Adrian Centoni appeals from a judgment of the Civil Court, New York County (Barbara Jaffe, J.), entered June 6, 2005, after a hearing, which awarded landlord use and occupancy in the amount of $168,000 in a holdover summary proceeding.

PER CURIAM:

Judgment (Barbara Jaffe, J.), entered June 6, 2005, affirmed, without costs.

There is no basis to disturb the use and occupancy award which is supported by a fair interpretation of the evidence. The court properly based its determination as to the fair market rental value of the commercial premises upon unrebutted expert testimony, as well as a rental lease for a similar unit within the building (see Beacway Operating Corp. v Concert Arts Society, 123 Misc 2d 452 [1984]).

This constitutes the decision and order of the court.
Decision Date: December 23, 2005