Nozad v. J.J. P. Assoc. Corp.

Full title: STEVE NOZAD, Petitioner-Landlord-Respondent, v. J.J. P. ASSOCIATES CORP…

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

Date published: Mar 27, 2006

2006 N.Y. Slip Op. 50458 (N.Y. App. Term 2006)

816 N.Y.S.2d 698

Opinion

570102/05.

Decided March 27, 2006.

Tenants appeal from a final judgment of the Civil Court, New York County (Maria Milin, J.), entered December 23, 2004, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Final judgment (Maria Milin, J.), entered December 23, 2004, affirmed, with $25 costs.

PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ.

PER CURIAM:

Giving due deference to the trial court's findings of fact and credibility ( see Claridge Gardens v. Menotti, 160 AD2d 544), we find no basis to disturb the court's determination that the version of the signed lease agreement submitted by landlord was valid and enforceable as against tenants, and controlled the non-regulated tenancy. As the court appropriately recognized, while there was considerable correspondence between the parties' prior to execution of the lease, tenants never made any reference to the right to renew provision appearing in the version of the lease agreement proffered by them.

This constitutes the decision and order of the court.

I concur.