| Bouwerie Lane Corp. v Black |
| 2006 NY Slip Op 51167(U) [12 Misc 3d 132(A)] |
| Decided on June 26, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court, New York County (Michelle D. Schreiber, J.), entered September 30, 2005, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.
PER CURIAM:
Final judgment (Michelle D. Schreiber, J.), entered September 30, 2005, affirmed, with $25 costs.
The trial evidence, fairly interpreted, supports Civil Court's conclusion that landlord had a non-retaliatory motive for commencing this holdover proceeding, which was based upon the expiration of the lease governing this nonregulated tenancy (see RPL § 223-b; Ghadamian v Channing, 295 AD2d 127 [2002]). We also note that the absence of a multiple dwelling registration statement is not a bar to the recovery of possession in the context of this holdover proceeding (see Czerwinski v Hayes, 8 Misc 3d 89 [2005]).
This constitutes the decision and order of the court.
Decision Date: June 26, 2006