Security Pac. Natl. Bank v Evans

[*1] Security Pac. Natl. Bank v Evans 2005 NY Slip Op 52144(U) [10 Misc 3d 137(A)] Decided on December 23, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 23, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570408/05.

Security Pacific National Bank, Petitioner-Landlord-Respondent, No. -

against

Tracie Evans, Respondent-Tenant-Appellant, -and- STEVEN O' KEEFE, Respondent-Tenant-Respondent.

Tenant Tracie Evans appeals from an order of the Civil Court, New York County (Jerald R. Klein, J.), dated April 29, 2005, which denied her cross motion to dismiss the petition and granted landlord's motion for reissuance of a prior warrant of eviction in a summary holdover proceeding.

PER CURIAM:

Order (Jerald R. Klein, J.), dated April 29, 2005, affirmed, with $10 costs.

The record established that the possessory rights of the parties were actively litigated in a Supreme Court foreclosure action commenced in 1992, as well as the within Civil Court holdover proceeding. When those rights were finally determined in landlord's favor by an unappealed Supreme Court order, Civil Court properly enforced the final judgment of possession. We can discern no prejudice to tenant who resided in the subject unit essentially rent-free for well over a decade. Moreover, tenant failed to establish the applicability of 22 NYCRR 208.14 [c] and [d].

This constitutes the decision and order of the court. [*2]
I concurI concurI concur
Decision Date: December 23, 2005