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J&J Hotel Co., LLC v Lapin
2006 NY Slip Op 51478(U) [12 Misc 3d 145(A)]
Decided on July 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 28, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Davis, J.P., Gangel-Jacob, Schoenfeld, JJ
570130/06.

J&J Hotel Co., LLC, Petitioner-Landlord-Respondent,

against

Joshua Lapin, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of the Civil Court, New York County (Anil Singh, J.), entered December 20, 2005, after a jury trial, which awarded petitioner possession and a net money judgment in the sum of $2,367 in a nonpayment summary proceeding.


PER CURIAM:

Final judgment (Anil Singh, J.), entered December 20, 2005, affirmed, without costs.

The documentary evidence presented by petitioner demonstrating its ownership of the building premises was clearly sufficient to establish its standing to maintain this nonpayment summary proceeding in its capacity as landlord (see RPAPL § 721 [1]). The jury properly resolved the rent and habitability issues litigated below and, indeed, so far as can be gleaned from the tenant's appellate brief, no direct challenge to the propriety of the jury verdict is now advanced by tenant.

This constitutes the decision and order of the court.
Decision Date: July 28, 2006