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25-16 18th St., LLC v Buvis
2015 NY Slip Op 50067(U) [46 Misc 3d 137(A)]
Decided on January 15, 2015
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 15, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-520 Q C

25-16 18th Street, LLC, Respondent,

against

Peter Buvis and DAVID BERNOTH, Appellants.


Appeal from an order of the Civil Court of the City of New York, Queens County (Michael J. Pinckney, J.), dated November 29, 2012. The order, insofar as appealed from, denied the branch of a motion by tenant Peter Buvis and undertenant David Bernoth seeking the imposition of sanctions in a holdover summary proceeding.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

Shortly after landlord commenced this nonprimary-residence holdover proceeding in 2007, the matter was marked off the calendar for discovery. Subsequently, tenant Peter Buvis and undertenant David Bernoth moved to restore the proceeding to the calendar, to dismiss the petition pursuant to CPLR 3211 (a) (1), for the imposition of sanctions, and to schedule a hearing date on their counterclaims. Insofar as is relevant to this appeal, the Civil Court denied the branch of the motion seeking the imposition of sanctions. It is noted that the counterclaims for retaliatory eviction survive, as they were severed by the court, and that no counterclaim for breach of the warranty of habitability was interposed.

The question of whether sanctions should be imposed against a party is addressed to the sound discretion of the court (see Kamen v Diaz-Kamen, 40 AD3d 937 [2007]; Wagner v Goldberg, 293 AD2d 527 [2005]). Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion in denying the branch of the motion seeking the imposition of sanctions (see Rules of the Chief Administrator [22 NYCRR] § 130-1.1).

Accordingly, the order, insofar as appealed from, is affirmed, without costs.

Pesce, P.J., Aliotta and Solomon, JJ., concur.


Decision Date: January 15, 2015