Opinion
No. 570169/14.
2014-05-30
Basil TSANGARINOS, Petitioner–Landlord–Appellant, v. Hafsha ATTAWAY, Respondent–Tenant–Respondent.
Landlord appeals from a final judgment of the Civil Court of the City of New York, Bronx County (Andrew Lehrer, J.), entered on or about September 11, 2012, after a nonjury trial, in favor of tenant dismissing the petition in a holdover summary proceeding.
Present: SCHOENFELD, J.P., SHULMAN, LING–COHAN, JJ. PER CURIAM.
Final judgment (Andrew Lehrer, J.), entered on or about September 11, 2012, affirmed, with $25 costs, for the reasons stated by Andrew Lehrer, J. at Civil Court.
Giving due deference to the trial court's detailed findings of fact and credibility, we find no cause to disturb the court's ultimate determination that tenant's conduct did not rise to the level of actionable nuisance, viz., “a pattern of continuity or recurrence of objectionable conduct” ( Domen Holding Co. v. Aranovich, 1 NY3d 117, 124 [2003], quoting Frank v. Park Summit Realty Corp., 175 A.D.2d 33, 34 [1991], modified on other grounds 79 N.Y.2d 789 [1991] ). On this record, and in the context of the mutually acrimonious relationship between the parties, tenant's involvement in what the trial court fairly characterized as two “isolated” altercations dating back to 2007, was not shown to have substantially threatened the comfort and safety of others at the building premises so as to justify a forfeiture of the long-term tenancy ( see CDC Dev. Co. III LLC v. Rivera, 8 Misc.3d 132[A], 2005 N.Y. Slip Op 51151[U][App Term, 1st Dept 2005] ). The landlord's remaining allegations of nuisance were properly rejected for lack of proof.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.