| Bedford Equities, LLC v Hochberg |
| 2011 NY Slip Op 51887(U) [33 Misc 3d 131(A)] |
| Decided on October 18, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 a final judgment of the Civil Court of the City of New York, New York
County (Brenda S. Spears, J.), entered July 15, 2009, after a nonjury trial, which awarded
possession to landlord in a holdover summary proceeding.
Per Curiam.
Final judgment (Brenda S. Spears, J.), entered July 15, 2009, affirmed, without costs.
Civil Court's finding of nuisance is amply supported by the evidence, which demonstrated that tenant engaged in a pattern of hostile and antisocial behavior in the building premises against other residents (see Rent Stabilization Code [9 NYCRR] § 2524.3[b]; Domen Holding Co. v Aranovich, 1 NY3d 117, 124-125 [2003]). A documented case of nuisance having been established, landlord was properly awarded a possessory judgment (see Pinehurst Const. Corp. v Schlesinger, 38 AD3d 474, 475 [2007]; Frank v Park Summit Realty Corp., 175 AD2d 33, 35-36 [1991], mod on other grounds 79 NY2d 789 [1991]).
Tenant's remaining arguments, including those in connection with an unsigned, post trial order to show cause, are not properly considered on appeal (see Pinehurst Const. Corp. v Schlesinger, 38 AD3d at 475; Matter of Odom v McCall, 268 AD2d 704 [2000]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 18, 2011