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33-39 E. 60th St. LLC v. Hunter

Appellate Term of the Supreme Court of New York, First Department
Oct 8, 2008
2008 N.Y. Slip Op. 52011 (N.Y. App. Term 2008)

Opinion

570002/08.

Decided October 8, 2008.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), entered December 17, 2007, after a nonjury trial, which awarded possession to landlord in a nuisance holdover summary proceeding.

Final judgment(Brenda S. Spears, J.), entered December 17, 2007, affirmed, with$25 costs.

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ


The trial court's finding of nuisance is amply supported by the evidence, including surveillance videotapes of the violent and anti-social behavior of tenant and her numerous guests and "roommates," behavior which caused the summoning of police. A documented case of nuisance having been established, a possessory judgment was properly awarded ( see Domen Holding Co. v Aranovich, 1 NY3d 117; Frank v Park Summit Realty Corp., 175 AD2d 33, mod on other grounds, 79 NY2d 789).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur


Summaries of

33-39 E. 60th St. LLC v. Hunter

Appellate Term of the Supreme Court of New York, First Department
Oct 8, 2008
2008 N.Y. Slip Op. 52011 (N.Y. App. Term 2008)
Case details for

33-39 E. 60th St. LLC v. Hunter

Case Details

Full title:33-39 EAST 60TH STREET LLC, Petitioner-Landlord-Respondent, v. SUSANNE…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 8, 2008

Citations

2008 N.Y. Slip Op. 52011 (N.Y. App. Term 2008)
873 N.Y.S.2d 231