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Grand Street Properties, LLC v. Caggiano

Appellate Term of the Supreme Court of New York, First Department
May 29, 2009
2009 N.Y. Slip Op. 51059 (N.Y. App. Term 2009)

Opinion

570180/09.

Decided May 29, 2009.

Tenant and respondent Matthew Caggiano appeal from an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered on or about February 26, 2008, after a hearing, awarding possession to landlord in a holdover summary proceeding.

Order (Gerald Lebovits, J.), entered on or about February 26, 2008, affirmed, with $10 costs, for the reasons stated by Gerald Lebovits, J. at Civil Court.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.


Giving due deference to the fact and credibility determinations made by Civil Court following the full and fair compliance hearing held below, we sustain the possessory judgment awarded in favor of landlord. In view of the demonstrated, unabated nuisance conditions shown to have been caused by the disruptive and anti-social behavior of tenant's adult son, the "safety and domestic tranquility of the other tenants in the building, to say nothing of [landlord's] staff, demand the protection of the law in the form of the eviction of [tenant]" ( Frank v Park Summit Realty Corp., 175 AD2d 33, 36, mod on other grounds 79 NY2d 789).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Grand Street Properties, LLC v. Caggiano

Appellate Term of the Supreme Court of New York, First Department
May 29, 2009
2009 N.Y. Slip Op. 51059 (N.Y. App. Term 2009)
Case details for

Grand Street Properties, LLC v. Caggiano

Case Details

Full title:GRAND STREET PROPERTIES, LLC, Petitioner-Landlord-Respondent, v. KATIE…

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

Date published: May 29, 2009

Citations

2009 N.Y. Slip Op. 51059 (N.Y. App. Term 2009)