Landlord appeals from an of the Civil Court of the City of New York, New York County (Sheldon J. Halprin, J.), dated April 16, 2013, which, after a hearing, denied its motion for entry of a judgment of possession pursuant to a stipulation settling a holdover summary proceeding.

Per Curiam.

Order (Sheldon J. Halprin, J.), dated April 16, 2013, affirmed, with $10 costs.

The hearing evidence, fairly interpreted, supports the court's determination that tenant did not materially breach the terms of the governing settlement stipulations by placing either a six-inch "garden gnome" figurine adjacent to the entrance door of his apartment or a thin wooden board "right up against" the hallway wall. The landlord's limited hearing presentation — consisting solely of the tenant's testimony and two blurred photographs of the hallway and apartment door — failed to include any proof that tenant's actions served to "obstruct egress to [any] fire escape," the only conduct prohibited by the stipulations. In the absence of any countervailing evidence offered by landlord, the court, as factfinder, was warranted in crediting the tenant's unrebutted testimony that he received permission from the building's superintendent to leave the figurine near the apartment door and that the wooden board was placed flush up against the wall for only a day or two. Tellingly, in response to the courts inquiries, landlord's counsel was unable to articulate any "danger to [anyone's] life, health and safety" caused by tenant's actions. On this record, we are not persuaded that the isolated conduct complained of by the landlord warrants a forfeiture of this long-term (28-year) rent stabilized tenancy (see generally 160 W. 118th St. Corp. v Gary, 32 Misc 3d 1 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 07, 2014