Opinion
2013-2323 K C
12-08-2015
1806 Caton, LLC, Appellant, v. Deng Q. Ngyuen, Respondent, and "JOHN DOE" and "JANE DOE," Undertenants.
PRESENT: :
Appeal from a final judgment of the Civil Court of the City of New York, Kings County (John H. Stanley, J.), entered November 13, 2012. The final judgment, after a nonjury trial, dismissed the petition in a holdover summary proceeding.
ORDERED that the final judgment is affirmed, without costs.
In this nuisance holdover proceeding based on a claim that, on two occasions, tenant used a washing machine in his apartment, causing water to enter a vacant apartment and a basement area of the building, we find that the record supports the Civil Court's determination, after a nonjury trial, that landlord failed to establish that tenant caused the condition alleged.
Accordingly, the final judgment is affirmed.
Pesce, P.J., Weston and Aliotta, JJ., concur.
Decision Date: December 08, 2015