Opinion
570981/15
01-27-2016
Mautner-Glick Corporation and King Enterprises, Ltd. Petitioners-Landlords-Appellants, v. Haley Glazer, Respondent-Tenant-Respondent.
PRESENT: Hunter, Jr., J.P., Ling-Cohan, J.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), entered on or about November 21, 2013, after a hearing, which dismissed the petition in a holdover summary proceeding.
Per Curiam.
Order (Peter M. Wendt, J.), entered on or about November 21, 2013, affirmed.
The determination rendered by a hearing court is entitled to great deference on appeal and will not be set aside unless such determination could not have been reached under any fair interpretation of the evidence (see Frost v Goldberg, 13 AD3d 409, 411 [2004]), especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). Here, the hearing evidence supports the court's finding that landlord failed "to sustain its burden of proof by a preponderance of the evidence that the predicate notice of nonrenewal was served." The witness proffered by landlord, who purportedly served the notice, had no independent recollection of the service in question, and tenant testified that she never received the nonrenewal notice at any address.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur Decision Date: January 27, 2016