| 88th Realty LLC v Yuan Li Liu |
| 2008 NY Slip Op 50660(U) [19 Misc 3d 132(A)] |
| Decided on April 2, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York County
(Gerald Lebovits, J.), entered on or about June 5, 2007, after a hearing, awarding possession to
landlord in a holdover summary proceeding.
PER CURIAM:
Order (Gerald Lebovits, J.), entered on or about
June 5, 2007, affirmed, with $10 costs.
Giving due deference to the determinations of fact and credibility made by Civil Court following the full and fair compliance hearing held below, we sustain the possessory judgment awarded in favor of landlord. The hearing evidence supports the court's express finding that tenant "disregarded" the unambiguous terms of the parties' two-attorney, so-ordered settlement stipulation by, inter alia, failing to seek or obtain petitioner's approval for the architectural plans and using "illegal plumbing materials" in attempting to remedy the unlawful "gut" apartment alterations.
Tenant's remaining arguments, to the extent properly preserved for appellate review, have been considered and found unpersuasive.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 2, 2008