Simchah 165 LLC v De Los Santos

[*1] Simchah 165 LLC v De Los Santos 2007 NY Slip Op 51252(U) [16 Misc 3d 127(A)] Decided on June 21, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570267/06.

Simchah 165 LLC, Petitioner-Landlord-Respondent,

against

Josefina De Los Santos d/b/a La Carrera Piano Bar and Cocktail Lounge, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered April 7, 2006, after a nonjury trial, which awarded landlord possession and a recovery of rent arrears in the sum of $6,000 in a commercial nonpayment proceeding.

Per Curiam:

Final judgment (Julia I. Rodriguez, J.), entered April 7, 2006 affirmed, with $25 costs.

Giving due deference to the trial court's findings of fact and credibility (see Claridge Gardens v. Menotti, 160 AD2d 544 [1990]), we find no basis to disturb the court's determination that the version of the signed lease agreement submitted by landlord was valid and enforceable as against tenant and controlled the commercial tenancy.We have examined tenant's remaining arguments and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 21, 2007