Opinion
No. 80 SSM 45.
Decided February 22, 2007.
APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered August 17, 2006. The Appellate Division affirmed an order of the Appellate Term of the Supreme Court in the First Judicial Department (op 5 Misc 3d 132[A]), which had affirmed a judgment of the Civil Court of the City of New York, New York County (Cyril K. Bedford, J), awarding possession of the premises to landlords in an owner occupancy holdover summary proceeding. The following question was certified by the Appellate Division: "Was the order of the Appellate Term of the Supreme Court, as affirmed by this Court, properly made?"
Petitioner landlords sought to recover respondent tenant's apartment for their daughter since her room in the landlords' apartment was needed to accommodate immigrating members of the landlords' family.
Horsford v Bacott, 32 AD3d 310, affirmed.
Legal Aid Society, New York City ( Alan Canner and Afua Atta-Mensah of counsel), for appellant.
Gary J. Wachtel, New York City, for Claude Horsford and another, respondents.
Before: Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that the factual determination on which the Civil Court judgment was based is supported by sufficient evidence.