[*1]
Hoogerwerf v McGowan
2010 NY Slip Op 52272(U) [30 Misc 3d 128(A)]
Decided on December 30, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 30, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570440/10.

Marion Lee Hoogerwerf, Petitioner-Landlord-Appellant,

against

Angus Hairstens McGowan and Scott Crowe, Respondents-Tenants-Respondents.


Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), dated October 31, 2008, after a nonjury trial, in favor of tenants dismissing the nonpayment petition.


Per Curiam.

Final Judgment (Gary F. Marton, J.), dated October 31, 2008, affirmed, with $25 costs, for the reasons stated by Gary F. Marton, J. at Civil Court. See 5th Ave. Building Co. v Kernochan, 221 NY 370 (1917); Fifth Ave. Estates, Inc. v Scull, 42 Misc 2d 1052 (1964); Gottesman v Gerber, 23 Misc 2d 893 (1960); cf. Eastside Exhibition Corp. v 210 E. 86th St. Corp., 23 AD3d 100 (2005).
THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: December 30, 2010