Jieying Pan v Ying Ying Chen
2026 NY Slip Op 50692(U)
March 20, 2026
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This opinion is uncorrected and will not be published in the printed Official Reports.
Jieying Pan, Appellant,
v
Ying Ying Chen, Landlord-Respondent, Department of Housing Preservation and Development, Respondent.
Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts
Decided on March 20, 2026
2023-1089 K C
Present: : Wavny Toussaint, P.J., Chereé A. Buggs, Joanne D. Quiñones, JJ
Jieying Pan, appellant pro se.
Yu Xie, PLLC, for landlord-respondent (no brief filed).
DHPD (Julia Lynn Wilson, of counsel, (no brief filed).
Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Remy Smith, J.), entered April 14, 2023. The final judgment, after a nonjury trial, dismissed the petition in an HP proceeding.
[*1]ORDERED that the final judgment is affirmed, without costs.
Tenant commenced this HP proceeding seeking a finding of harassment in violation of Administrative Code of the City of New York § 27-2004 (a) (48) (b) and (g), civil penalties, and an order directing the correction of violations. After a nonjury trial, the Civil Court (Remy Smith, J.) dismissed the petition finding that the incidents in question did not rise to the level of harassment under the Housing Maintenance Code, and that tenant's own actions contributed substantially to the hostile atmosphere at the premises. Tenant appeals from the final judgment entered April 14, 2023 dismissing the petition.
In reviewing a determination made after a nonjury trial, this court gives substantial deference [*2]to the determination of a trier of fact as to issues of credibility, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Hamilton v Blackwood, 85 AD3d 1116 [2011]; Zeltser v Sacerdote, 52 AD3d 824, 826 [2008]). Here, the Civil Court's finding that landlord's actions did not rise to the level of harassment is supported by the record and tenant demonstrated no basis to disturb it (see Andujar v Ng, 73 Misc 3d 145[A], 2021 NY Slip Op 51251[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]).
Accordingly, the final judgment is affirmed.
TOUSSAINT, P.J., BUGGS and QUIÑONES, JJ., concur.
ENTER:
Jennifer Chan
Chief Clerk
Decision Date: March 20, 2026