2727 Realty LLC v Vargas

[*1] 2727 Realty LLC v Vargas 2007 NY Slip Op 50740(U) [15 Misc 3d 134(A)] Decided on April 9, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through May 16, 2007; it will not be published in the printed Official Reports.

Decided on April 9, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT indent='no'>PRESENT: McKEON, P.J., DAVIS, KLEIN HEITLER, JJ
570222/05.

2727 Realty LLC, Petitioner-Respondent,

against

Hector Vargas, Gregoria Antonia, Pichardo de Gaston, "John Doe & Jane Doe," Respondents-Appellants.

Respondent Hector Vargas appeals from a final judgment of the Civil Court of the City of New York, Bronx County (Brenda S. Spears, J.), entered March 7, 2005, after a nonjury trial, awarding possession to petitioner in a holdover summary proceeding.

PER CURIAM:

Final judgment (Brenda S. Spears, J.), entered March 7, 2005, affirmed, with $25 costs.

The record establishes that the basement storage area in question was being used illegally for residential purposes by respondent Vargas' mother, and that this space was not part of the first floor superintendent's apartment occupied by Vargas as an incident of his employment. We therefore sustain the possessory judgment awarded to landlord (see e.g. Hornfeld v Gaare, 130 AD2d 398 [1987]).

We have considered respondent's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: April 09, 2007