Opinion
570862/03.
Decided August 12, 2004.
Respondent Simon Haberman appeals from a final judgment of the Civil Court, New York County, entered October 3, 2003 after trial (Delores J. Thomas, J.) awarding landlord possession in a licensee holdover proceeding.
Final judgment entered October 3, 2003 (Delores J. Thomas, J.) affirmed, with $25 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
The trial court properly determined that respondent was in breach of the proprietary lease and the cooperative's house rules by using an assigned parking space without maintaining his primary residence in the subject building. Respondent failed to produce a rider to the proprietary lease purporting to reserve his right to occupy the space. Accordingly, petitioner was entitled to a possessory judgment.
We have considered respondent's remaining arguments and find them to be without merit and/or unpreserved for appellate review.
This constitutes the decision and order of the court.