Opinion
570393/04.
Decided November 17, 2004.
Tenant appeals from a final judgment of the Civil Court, New York County, entered November 17, 2003 after a nonjury trial (Cyril K. Bedford, J.) which granted possession to landlords in an owner occupancy holdover proceeding.
Final judgment entered November 17, 2003 (Cyril K. Bedford, J.) affirmed, with $25 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
After a bench trial, Civil Court awarded a possessory judgment to landlords — husband and wife — in this owner occupancy proceeding ( see Rent Stabilization Code [9NYCRR] § 2524.4[a]). Civil Court found credible landlords' contention that they genuinely intend to recover the subject apartment for the use of their daughter, whose present room will be occupied as a primary residence by landlords' brother and sister-in-law, who are planning to emigrate to the United States from St. Kitts. The court's fact-based credibility determination on the issue of good faith represents a fair interpretation of the evidence ( see Powers v. Babic, 177 AD2d 432) and is not disturbed. A finding of a lack of good faith is not mandated by either the claimed availability of another apartment in the building ( see Berlinrut v. Leventhal, 43 AD2d 522) or any prior discord between the parties. Nor do we find that any of the alleged facts stated in the predicate notice were contradictory or mutually exclusive. Absolute synchronicity between the trial evidence and the allegations set out in a predicate notice is not required ( see Rocky 116 L.L.C. v. Weston, 195 Misc 2d 363, 365).
This constitutes the decision and order of the court.
I concur.