| Torres v Bellevue S. Assoc. |
| 2014 NY Slip Op 50379(U) [42 Misc 3d 147(A)] |
| Decided on February 6, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Petitioner-tenant appeals from an order of the Civil Court of the City of New York,
New York County (Timmie E. Elsner, J.), dated May 26, 2011, which dismissed the
petition in a Housing Part ("HP") enforcement proceeding.
Per Curiam.
Order (Timmie E. Elsner, J.), dated May 26, 2011, affirmed, without costs.
We sustain the dismissal of this Housing Part enforcement proceeding, in view of the petitioning-tenant's record acknowledgment that he inexcusably violated the express terms of the parties' two-attorney stipulation in failing to provide any access to respondent-landlord's engineering experts to inspect the apartment premises to determine the source or cause of any continued noise or vibration condition(s) therein. (See Bellevue S. Assoc. v Torres, appeal numbered 14-002, decided herewith.)
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur