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407 W. 52nd St. Realty, LLC v Ndiaye
2009 NY Slip Op 51308(U) [24 Misc 3d 128(A)]
Decided on June 29, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570192/08.

407 West 52nd Street Realty, LLC, Petitioner-Landlord-Respondent,


against

Serigne Ndiaye, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated February 25, 2008, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.


Per Curiam.

Final judgment (Gerald Lebovits, J.), dated February 25, 2008, affirmed, with $25 costs.

Giving due deference to the trial court's findings of fact and credibility, we sustain the possessory judgment awarded to landlord on the holdover petition. The evidence, including credited testimony relating to the police recovery, pursuant to a search warrant, of over 160 counterfeit items while tenant was present in his stabilized apartment, supports the court's determination that the apartment was being used for illegal business purposes (see Real Property § 231[1]; RPAPL 715[1]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: June 29, 2009