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T.J. Mont. Enters., Inc. v. Centoni

Appellate Term of the Supreme Court of New York, First Department
Dec 23, 2005
2005 N.Y. Slip Op. 52147 (N.Y. App. Term 2005)

Opinion

570456/05.

Decided December 23, 2005.

Respondent Adrian Centoni appeals from a judgment of the Civil Court, New York County (Barbara Jaffe, J.), entered June 6, 2005, after a hearing, which awarded landlord use and occupancy in the amount of $168,000 in a holdover summary proceeding.

Judgment (Barbara Jaffe, J.), entered June 6, 2005, affirmed, without costs.

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


There is no basis to disturb the use and occupancy award which is supported by a fair interpretation of the evidence. The court properly based its determination as to the fair market rental value of the commercial premises upon unrebutted expert testimony, as well as a rental lease for a similar unit within the building ( see Beacway Operating Corp. v. Concert Arts Society, 123 Misc 2d 452).

This constitutes the decision and order of the court.


Summaries of

T.J. Mont. Enters., Inc. v. Centoni

Appellate Term of the Supreme Court of New York, First Department
Dec 23, 2005
2005 N.Y. Slip Op. 52147 (N.Y. App. Term 2005)
Case details for

T.J. Mont. Enters., Inc. v. Centoni

Case Details

Full title:T.J. MONTANA ENTERPRISES, INC., Petitioner-Landlord-Respondent, v. ADRIAN…

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

Date published: Dec 23, 2005

Citations

2005 N.Y. Slip Op. 52147 (N.Y. App. Term 2005)
814 N.Y.S.2d 565