Summary
In Stembridge, chronic failure to pay on was the focus of the predicate notice, and the tenant had admittedly remained in occupancy for years without making a single payment towards the rent.
Summary of this case from St. Nicholas Ave. HDFC v. RasheedOpinion
No. 570015/12.
2013-02-6
450–454 WEST 152ND STREET HDFC, Petitioner–Landlord–Respondent, v. Everett STEMBRIDGE, Respondent–Tenant–Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered December 20, 2011, after a nonjury trial, which awarded landlord possession and a money judgment for use and occupancy in a holdover summary proceeding.
PRESENT: LOWE, III, P.J., SCHOENFELD, HUNTER, JR., JJ.
PER CURIAM.
Appeal from order (David J. Kaplan, J.), entered December 20, 2011, deemed an appeal from the ensuing final judgment (same court and Judge), entered on or about December 22, 2011, and so considered ( seeCPLR 5520 [c] ), final judgment affirmed, without costs.
The weight of the trial evidence supports a finding that petitioner-landlord, a housing development fund corporation, established the requisite good cause for terminating respondent Stembridge's month-to-month tenancy ( see Matter of Volunteers of Am.-Greater NY, Inc. v. Almonte, 65 AD3d 1155, 1157–1158 [2009];512 E. 11th St. HDFC v. Grimmet, 181 A.D.2d 488, 489 [1992],appeal dismissed80 N.Y.2d 892 [1992] ). The record shows that respondent has no enforceable possessory interest in the apartment premises, since his occupancy began after the building was converted to cooperative ownership, he neither purchased the shares allocated to the apartment nor signed any proprietary lease agreement, and the rental agreement issued to him in connection with the settlement of a prior eviction proceeding has long since expired ( see 450–454 W. 152nd St. Hous. Dev. Fund Corp. v. Martin, 298 A.D.2d 135 [2002];191 E. 3rd St. Hous. Dev. Fund Corp. v. Poon, 2003 N.Y. Slip Op 51073[U] [App Term, 1st Dept 2003] ). We note, too, that tenant has not tendered any rent since February 2010.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.