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Springfield Missionary Bap. Church v. Dawson

Appellate Term of the Supreme Court of New York, First Department
Jan 28, 2009
2009 N.Y. Slip Op. 50128 (N.Y. App. Term 2009)

Opinion

570360/08.

Decided January 28, 2009.

Tenants Angela Dawson and Marcy Dawson appeal from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered February 29, 2008, after a nonjury trial, which awarded possession to landlord in consolidated holdover summary proceedings.

Final judgment (Jean T. Schneider, J.), entered February 29, 2008, affirmed, with $25 costs.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.


We find no basis to disturb the trial court's conclusion that landlord had a non-retaliatory motive for commencing these holdover summary proceedings upon the expiration of the unregulated monthly tenancies ( see RPL 223-b). The evidence, fairly interpreted, supports the court's finding that the landlord, which was in a "dire financial" situation, commenced these proceedings to obtain the substantial financial benefits of a condominium development plan for the four-unit building and not in retaliation for any housing-related complaints made by tenants.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Springfield Missionary Bap. Church v. Dawson

Appellate Term of the Supreme Court of New York, First Department
Jan 28, 2009
2009 N.Y. Slip Op. 50128 (N.Y. App. Term 2009)
Case details for

Springfield Missionary Bap. Church v. Dawson

Case Details

Full title:SPRINGFIELD MISSIONARY BAPTIST CHURCH, Petitioner-Landlord-Respondent, v…

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

Date published: Jan 28, 2009

Citations

2009 N.Y. Slip Op. 50128 (N.Y. App. Term 2009)