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BON AIRE PROPS., INC. v. CURLEY

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2011
2011 N.Y. Slip Op. 50196 (N.Y. App. Term 2011)

Opinion

2009-2521 RO C.

Decided February 14, 2011.

Appeal from a final judgment of the Justice Court of the Village of Suffern, Rockland County (Richard H. Ackerson, J.), entered February 17, 2009. The final judgment, after a nonjury trial, awarded possession to landlord in a holdover summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

PRESENT: NICOLAI, P.J., MOLIA and LaCAVA, JJ.


At the nonjury trial in this residential holdover proceeding, landlord established that tenant had failed to install carpeting in his apartment as required by the house rules. In his proprietary lease, tenant had agreed to abide by the house rules, which explicitly state that the carpeting rule is considered a substantial obligation of the tenancy. As tenant admitted at trial that he had not complied with the rule, and since he has not, on appeal, shown any basis to disturb the final judgment, the final judgment is affirmed.

Nicolai, P.J., Molia and LaCava, JJ., concur.


Summaries of

BON AIRE PROPS., INC. v. CURLEY

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2011
2011 N.Y. Slip Op. 50196 (N.Y. App. Term 2011)
Case details for

BON AIRE PROPS., INC. v. CURLEY

Case Details

Full title:BON AIRE PROPERTIES, INC., Respondent, v. JOHN CURLEY, Appellant

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

Date published: Feb 14, 2011

Citations

2011 N.Y. Slip Op. 50196 (N.Y. App. Term 2011)