Tenant, as limited by his brief, appeals from (1) a final judgment of the Civil Court, New York County (Timmie Erin Elsner, J.), entered March 22, 2005, which, after a nonjury trial, awarded possession to landlords in an owner occupancy holdover proceeding and (2) an order (same court and Judge), entered May 19, 2005, which denied tenant's motion to vacate the judgment.

PER CURIAM:

Final judgment (Timmie Erin Elsner, J.), entered March 22, 2005, affirmed, without costs, and order (same Judge) entered May 19, 2005, affirmed, without costs.

The trial court's determination that landlord Rice genuinely intends to recover the subject apartment for his personal use comports with the weight of the evidence. We find no basis to disturb the trial court's fact-based credibility determination on the issue of good faith (see Powers v Babic, 177 AD2d 432 [1991]). A finding of a lack of good faith is not mandated by the claimed availability of another apartment in the building (see Berlinrut v Leventhal, 43 AD2d 522 [1973]), particularly where the subject apartment is the only garden apartment in the building.

We have considered tenant's remaining arguments and find them unavailing.

This constitutes the decision and order of the court.
I concur I concur [*2]
Decision Date: April 3, 2006