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69 Bennett Realty Co. LLC v Lawson
2006 NY Slip Op 51249(U) [12 Misc 3d 136(A)]
Decided on July 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 3, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ
570493/05.

69 Bennett Realty Co. LLC, Petitioner-Landlord-Respondent,

against

Maria Lawson and Paul Lawson, Respondents-Tenants-Appellants, and "John Doe" and "Jane Doe", Respondents-Undertenants. 69 Bennett Realty Co., LLC, Petitioner-Landlord-Respondent Maria Guzman, Respondent-Tenant-Appellant, and "John Doe" and "Jane Doe", Respondents-Undertenants.


In consolidated holdover nuisance proceedings, tenants appeal from two final judgments of the Civil Court, New York County (Gerald Lebovits, J.) entered July 9, 2005, after a nonjury trial, which awarded possession to landlord.


PER CURIAM:

Final judgments (Gerald Lebovits, J.), entered July 9, 2005, affirmed, without costs, for the reasons stated by Gerald Lebovits, J. at Civil Court.

We agree that the long-term, "vicious" conduct shown to have been engaged in by the tenants warranted their eviction under the landlord's stated nuisance theory (see Frank v Park Summit Realty Corp., 175 AD2d 33 [1991], mod on other grounds 79 NY2d 789 [1991]).

This constitutes the decision and order of the court.
Decision Date: July 3, 2006