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1050 Tenants Corp. v Lapidus
2007 NY Slip Op 52049(U) [17 Misc 3d 133(A)]
Decided on October 23, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 23, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., SCHOENFELD, J.

1050 Tenants Corp., Petitioner-Landlord-Respondent,

against

Steven Lapidus and Iris Lapidus, Respondents-Tenants-Appellants.


Tenant Steven Lapidus appeals from 1) an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated June 23, 2006, which denied his motion to quash a subpoena, and 2) an order (same court and Judge), dated October 5, 2006, after a hearing, which, pursuant to 22 NYCRR 130-1.1, awarded costs to petitioner and imposed sanctions against tenant for frivolous conduct in a nonpayment summary proceeding.


Per Curiam.

Orders (Gerald Lebovits, J.), dated June 23, 2006 and October, 5, 2006, affirmed, with $10 costs.

Civil Court's determination that tenant Steven Lapidus falsely testified at trial is amply supported by the hearing evidence and provided a proper basis for the court's imposition of Rule 130 sanctions (see Sanders v Copley, 194 AD2d 85 [1993]). Having presided over the trial, the court was uniquely positioned to examine the materiality of the false testimony and properly exercised its discretion when it sanctioned tenant for his false testimony with respect to the execution of the underlying stipulation of settlement, the enforceability of which became the focal point of the underlying nonpayment proceeding.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


570673/05
Decision Date: October 23, 2007