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Security Pac. Natl. Bank v. Evans

Appellate Term of the Supreme Court of New York, First Department
Dec 23, 2005
2005 N.Y. Slip Op. 52144 (N.Y. App. Term 2005)

Opinion

570408/05.

Decided December 23, 2005.

Tenant Tracie Evans appeals from an order of the Civil Court, New York County (Jerald R. Klein, J.), dated April 29, 2005, which denied her cross motion to dismiss the petition and granted landlord's motion for reissuance of a prior warrant of eviction in a summary holdover proceeding.

Order (Jerald R. Klein, J.), dated April 29, 2005, affirmed, with $10 costs.

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ


The record established that the possessory rights of the parties were actively litigated in a Supreme Court foreclosure action commenced in 1992, as well as the within Civil Court holdover proceeding. When those rights were finally determined in landlord's favor by an unappealed Supreme Court order, Civil Court properly enforced the final judgment of possession. We can discern no prejudice to tenant who resided in the subject unit essentially rent-free for well over a decade. Moreover, tenant failed to establish the applicability of 22 NYCRR 208.14 [c] and [d].

This constitutes the decision and order of the court.

I concur.


Summaries of

Security Pac. Natl. Bank v. Evans

Appellate Term of the Supreme Court of New York, First Department
Dec 23, 2005
2005 N.Y. Slip Op. 52144 (N.Y. App. Term 2005)
Case details for

Security Pac. Natl. Bank v. Evans

Case Details

Full title:SECURITY PACIFIC NATIONAL BANK, Petitioner-Landlord-Respondent, v. TRACIE…

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

Date published: Dec 23, 2005

Citations

2005 N.Y. Slip Op. 52144 (N.Y. App. Term 2005)
814 N.Y.S.2d 565