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88TH REALTY LLC v. YUAN LI LIU

Appellate Term of the Supreme Court of New York, First Department
Apr 2, 2008
2008 N.Y. Slip Op. 50660 (N.Y. App. Term 2008)

Opinion

570717/07.

Decided April 2, 2008.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered on or about June 5, 2007, after a hearing, awarding possession to landlord in a holdover summary proceeding.

Order (Gerald Lebovits, J.), entered on or about June 5, 2007, affirmed, with $10 costs.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.


Giving due deference to the determinations of fact and credibility made by Civil Court following the full and fair compliance hearing held below, we sustain the possessory judgment awarded in favor of landlord. The hearing evidence supports the court's express finding that tenant "disregarded" the unambiguous terms of the parties' two-attorney, so-ordered settlement stipulation by, inter alia, failing to seek or obtain petitioner's approval for the architectural plans and using "illegal plumbing materials" in attempting to remedy the unlawful "gut" apartment alterations.

Tenant's remaining arguments, to the extent properly preserved for appellate review, have been considered and found unpersuasive.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

88TH REALTY LLC v. YUAN LI LIU

Appellate Term of the Supreme Court of New York, First Department
Apr 2, 2008
2008 N.Y. Slip Op. 50660 (N.Y. App. Term 2008)
Case details for

88TH REALTY LLC v. YUAN LI LIU

Case Details

Full title:88TH REALTY LLC, PETITIONER-LANDLORD-Respondent, v. YUAN LI LIU…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Apr 2, 2008

Citations

2008 N.Y. Slip Op. 50660 (N.Y. App. Term 2008)