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Bon Aire Props., Inc. v Curley
2011 NY Slip Op 50196(U) [30 Misc 3d 137(A)]
Decided on February 14, 2011
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 14, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., MOLIA and LaCAVA, JJ
2009-2521 RO C.

Bon Aire Properties, Inc., Respondent,

against

John Curley, Appellant.


Appeal from a final judgment of the Justice Court of the Village of Suffern, Rockland County (Richard H. Ackerson, J.), entered February 17, 2009. The final judgment, after a nonjury trial, awarded possession to landlord in a holdover summary proceeding.


ORDERED that the final judgment is affirmed, without costs.

At the nonjury trial in this residential holdover proceeding, landlord established that tenant had failed to install carpeting in his apartment as required by the house rules. In his proprietary lease, tenant had agreed to abide by the house rules, which explicitly state that the carpeting rule is considered a substantial obligation of the tenancy. As tenant admitted at trial that he had not complied with the rule, and since he has not, on appeal, shown any basis to disturb the final judgment, the final judgment is affirmed.

Nicolai, P.J., Molia and LaCava, JJ., concur.
Decision Date: February 14, 2011