LEONID VAYS v. MIKE MURTANA

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

LEONID VAYS,

Plaintiff-Respondent,

v.

MIKE MURTANA,

Defendant-Appellant.

________________________________

July 30, 2014

Submitted July 21, 2014 Decided

Before Judges Harris and Fasciale.

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. LT-3072-12.

Mike Murtana, appellant pro se.

Lessack & McGlade, attorneys for respondent (John McGlade, on the brief).

PER CURIAM

Defendant appeals from a judgment for possession in favor of plaintiff, and an order denying reconsideration. We affirm.

Defendant leased an apartment from I.V. General Management Co. LLC. ("I.V."). In 2007, I.V. attempted to serve on defendant a notice of intent ("notice of intent") to convert the apartment to condominium ownership. In July 2008, plaintiff purchased the apartment as a condominium unit. In September 2008, plaintiff attempted to serve on defendant a three-year notice to vacate indicating that plaintiff intended to personally occupy the unit. Defendant did not vacate the premises.

Plaintiff brought this eviction action in March 2012. During the bench trial, Mark Zeldin, a member of I.V., testified that he personally served the notice of intent on defendant. Max Katsap, a friend of plaintiff, testified that he personally served the three-year notice to vacate on September 10, 2008. Both witnesses identified defendant as the individual on whom they served the notices. Defendant disputed this testimony. The judge found that plaintiff s witnesses were credible and that the required notices were served timely. The judge notified counsel that the court would enter a judgment for possession for plaintiff. Defendant filed a motion for reconsideration, which the judge denied. We stayed defendant s eviction pending appeal.1

On appeal, defendant argues primarily that the judge erred by finding that there existed proper service of the notices. We disagree. A trial court's factual findings are "considered binding on appeal when supported by adequate, substantial and credible evidence." Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484 (1974). Such is the case here.

When an apartment is converted to a condominium unit, the landlord must provide the tenant with (1) a notice of intent to convert to condominium ownership and (2) three years' notice to vacate before a judgment for possession may be entered for the premises. N.J.S.A. 2A:18-61.2g; N.J.A.C. 5:24-1.3. The judge believed plaintiff's witnesses and found them to be credible. We have no reason to disturb these findings. Thus, we conclude that there existed substantial credible evidence to enter the judgment for possession and affirm substantially for the reasons expressed by the judge.

We have reviewed the record and briefs and conclude that defendant's remaining arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

1 We hereby lift the stay in light of our affirmance of the judgment for possession.