Opinion
570290/04.
Decided March 14, 2006.
Tenant appeals from a final judgment of the Civil Court, New York County (Laurie L. Lau, J.), entered on or about April 23, 2004, after a nonjury trial, awarding possession to landlord in a holdover summary proceeding.
Final judgment (Laurie L. Lau, J.), entered on or about April 23, 2004, affirmed, with $25 costs.
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
The evidence, fairly considered, supports the trial court's findings that the extensive alterations undertaken by tenant constituted a "complete gutting" of the demised rent controlled apartment, with tenant installing new sheetrock, tearing down a partition and cutting beams, removing and reconfiguring kitchen and bathroom fixtures, and replacing plumbing, wiring, and all of the apartment's windows. The "construction zone" created by the tenant, which resulted in the issuance of a building code violation, materially injured the landlord's reversionary interest and warranted the tenant's eviction ( see Freehold Inv. v. Richstone, 34 NY2d 612; cf. Rumiche Corp. v. Eisenreich, 40 NY2d 174). Nor do we find record support for the tenant's (unpleaded) claims of waiver and estoppel.
This constitutes the decision and order of the court.