Opinion
570142/10.
Decided July 20, 2010.
Respondents Doris and Michael Cambridge appeal from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated October 15, 2009, after a hearing, which granted petitioner-landlord's motion for the issuance of a warrant of eviction in a holdover summary proceeding.
Order (Jean T. Schneider, J.), dated October 15, 2009, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ.
Petitioner commenced this "objectionable conduct" holdover summary proceeding against respondents, the tenant of record and her adult son, alleging, among other things, that respondents caused unreasonable levels of noise in petitioner's building. Following a trial, Civil Court determined that respondent Michael Cambridge had caused "unreasonable noise at unreasonable times" and awarded petitioner a final judgment, but stayed the issuance of a warrant of eviction for a court-crafted probationary period. The court afforded respondents an opportunity to "cure" their objectionable conduct during the probationary stay, but permitted petitioner to move to restore the proceeding and for issuance of a warrant of eviction if respondents violated one or more conditions specified by the court, including a prohibition against noise disturbances. Petitioner subsequently moved to restore the proceeding and for issuance of a warrant of eviction on the ground that respondents violated the terms of the court-ordered stay by causing (or permitting to occur) a significant noise disturbance in the building during the probationary period. After a compliance hearing, Civil Court concluded that respondents violated the terms of the stay and issued a warrant of eviction.
The hearing evidence, fairly interpreted, supports the court's determination that respondents violated the terms of the stay. The testimony of two residents of the building, as well as the testimony of respondent Michael Cambridge, established that a guest of Mr. Cambridge caused a significant disturbance in the building that culminated in the guest's arrest. Moreover, as Civil Court correctly observed, the subject incident "cannot be seen as an unforeseeable mishap. Rather, it was entirely predictable, and consistent with respondents' past pattern of behavior."
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.