Opinion
No. 570553/14.
12-01-2014
WEST 88th STREET, LLC, Petitioner–Landlord–Respondent, v. Reynoso HENRIQUEZ, Respondent–Tenant–Appellant.
Opinion
Final judgment (Jack Stoller, J.), entered February 24, 2014, affirmed, with $25 costs, for the reasons stated by Jack Stoller, J. at Civil Court.
In affirming the trial court's fact-laden determination that tenant did not maintain the Manhattan rent stabilized apartment here at issue as his primary residence, we emphasize the compelling photographic evidence establishing that tenant kept the apartment in what the court fairly characterized as “a state of disarray, with a refrigerator, bathtub, and sink in a state of disuse, debris throughout ... and a lack of a bed,” and utility records showing that tenant's electrical consumption in the apartment during the two-year period prior to the expiration of his last lease was virtually nil (see Carmine Ltd. v. Gordon, 41 AD3d 196, 199 [2007] ).
Nor do we find any abuse of discretion in the denial of tenant's midtrial application for an adjournment to obtain new counsel (see ARC on 4th St., Inc. v. Quezada, 112 AD3d 431 [2013] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.