Nozad v J.J.& P. Assoc. Corp. (2006 NY Slip Op 50458(U))

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Nozad v J.J.& P. Assoc. Corp.

2006 NY Slip Op 50458(U) [11 Misc 3d 134(A)]

Decided on March 27, 2006

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 27, 2006

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ
570102/05.

Steve Nozad, Petitioner-Landlord-Respondent, No.

against

J.J.& P. Associates Corp. and Mylene Liggett, Respondents-Tenants-Appellants.

Tenants appeal from a final judgment of the Civil Court, New York County (Maria Milin, J.), entered December 23, 2004, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

PER CURIAM:

Final judgment (Maria Milin, J.), entered December 23, 2004, affirmed, with $25 costs.

Giving due deference to the trial court's findings of fact and credibility (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]), we find no basis to disturb the court's determination that the version of the signed lease agreement submitted by landlord was valid and enforceable as against tenants, and controlled the non-regulated tenancy. As the court appropriately recognized, while there was considerable correspondence between the parties' prior to execution of the lease, tenants never made any reference to the right to renew provision appearing in the version of the lease agreement proffered by them.

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: March 27, 2006