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2727 Realty LLC v Vargas
2008 NY Slip Op 50616(U) [19 Misc 3d 131(A)]
Decided on March 27, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 27, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ

570361/07.

2727 Realty LLC, Petitioner-Respondent,

against

Hector Vargas, Respondent-Appellant, -and- "John Doe" and "Jane Doe," Respondents.


Respondent Vargas appeals from a final judgment of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered January 16, 2007, which, upon an order granting petitioner summary judgment, awarded possession to petitioner in a holdover summary proceeding.


Per Curiam.

Final judgment (Julia I. Rodriguez, J.), entered January 16, 2007, affirmed, with $25 costs.

Petitioner was properly awarded summary judgment on the holdover petition, since the extensive record conclusively established that respondent Vargas occupied the subject superintendent's apartment here at issue solely as an incident to his employment (see Mohr v Gomez, 173 Misc 2d 553 [1997]). We have considered respondent's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2008