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UHAB HDFC v. MUNNINGHOF

Appellate Term of the Supreme Court of New York, First Department
Dec 9, 2005
2005 N.Y. Slip Op. 52013 (N.Y. App. Term 2005)

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


Summaries of

UHAB HDFC v. MUNNINGHOF

Appellate Term of the Supreme Court of New York, First Department
Dec 9, 2005
2005 N.Y. Slip Op. 52013 (N.Y. App. Term 2005)
Case details for

UHAB HDFC v. MUNNINGHOF

Case Details

Full title:UHAB HDFC, Petitioner-Appellant, v. HELENA MUNNINGHOF…

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

Date published: Dec 9, 2005

Citations

2005 N.Y. Slip Op. 52013 (N.Y. App. Term 2005)
809 N.Y.S.2d 484