Opinion
570368/04.
Decided December 9, 2005.
Petitioner appeals from a final judgment of the Civil Court, New York County (Michelle D. Schreiber, J.), entered on or about June 20, 2003 after a nonjury trial, which dismissed the petition in a holdover summary proceeding.
Final judgment (Michelle D. Schreiber, J.), entered on or about June 20, 2003, reversed, with $30 costs, and final judgment awarded to petitioner.
PRESENT: Suarez, P.J. Davis, Schoenfeld, JJ, Justices.
In the absence of any claim or showing that respondent Munninghof's 1988 entry into the then vacant, City-owned building premises was under a claim of right, her lone stated defense of adverse possession is without merit ( see Ray v. Beacon Hudson Mtn. Corp., 88 NY2d 154, 159; Joseph v. Whitcombe, 279 AD2d 123). On this record, which shows that respondent did not continuously reside in the apartment premises, refused to execute a proposed "Homesteader's Membership Agreement" or to meaningfully participate in the homestead association's repair efforts, and routinely denied access to her apartment in connection with the present owner's building-wide renovation project, respondent's pre-2001 payment of portions of the nominal membership dues owed to the association was insufficient to confer any possessory rights upon her ( cf. UHAB HDFC v. Diaz, 2005 NY Slip Op 51975[U] [App Term, 1st Dept]).
Exercising our authority to review the record and to render the judgment that should have been rendered after a nonjury trial ( see Northern Westchester Professional Park Assocs. v. Town of Bedford, 60 NY2d 492, 499), we reverse and award petitioner a possessory judgment.
Issuance of the warrant shall be stayed for 30 days after service of a copy of this order with notice of entry.
This constitutes the decision and order of the court.
I concur