| 134-38 Maple Ave. Realty Corp. v Hart |
| 2013 NY Slip Op 50205(U) [38 Misc 3d 140(A)] |
| Decided on February 11, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County
(Michael J. Pinckney, J.), entered December 20, 2010. The order, after a hearing, denied
tenant Peter Hart's motion to, in effect, mark satisfied a final judgment's monetary award
and to stay the issuance of a warrant in a nonpayment summary proceeding.
ORDERED that so much of the appeal as was taken by Mei Xue Lin, Harsuvanakit Busabar, "John Doe" and "Jane Doe" is dismissed as they are not aggrieved by the order, which denied a motion by another party (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]); and it is further,
ORDERED that the order is affirmed, without costs.
In this nonpayment summary proceeding, tenant Peter Hart moved, in effect, to mark satisfied a final judgment's monetary award and to stay the issuance of a warrant. At a hearing on the motion, tenant described a meeting with landlord's principal, Mohammad Malik, at which, tenant alleged, he had tendered $6,300 in cash. He further testified that Mr. Malik had promised to give him a receipt for the payment after Mr. Malik had confirmed the amount of the judgment. [*2]Mr. Malik never provided him with a receipt. Mr. Malik testified that the meeting had taken place, but that tenant had only offered $4,000, which Mr. Malik had rejected because it did not fully satisfy tenant's debt. The Civil Court denied tenant's motion, finding his testimony to be lacking in credibility.
The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). Here, there is no basis in the record to disturb the Civil Court's decision. Accordingly, the order is affirmed.
Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: February 11, 2013