Fergusson v 111 Hudson St. LLC

[*1] Fergusson v 111 Hudson St. LLC 2009 NY Slip Op 50524(U) [23 Misc 3d 126(A)] Decided on March 26, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 26, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, J.P., Schoenfeld, Heitler, JJ
570934/07.

Claire Fergusson, Petitioner-Tenant-Respondent,

against

111 Hudson Street LLC, Respondent-Landlord-Appellant, -and- Department of Housing Preservation and Development of the City of New York, Respondent-Respondent.

Respondent-landlord appeals from 1) a judgment of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), entered on or about September 13, 2007, in favor of respondent Department of Housing Preservation and Development of the City of New York and against landlord in the sum of $18,595, and bringing up for review an order (same court and Judge), dated August 22, 2007, which, after a hearing, imposed civil penalties against landlord in the sum of $18,595, and denied landlord's motion to hold tenant in civil contempt in a Housing Part enforcement proceeding, and 2) an order (same court and Judge), dated January 24, 2008, which denied landlord's CPLR 4404 motion to vacate the August 22, 2007 order.

Per Curiam.

Judgment (Joseph E. Capella, J.), entered on or about September 13, 2007 and order (Joseph E. Capella, J.), dated January 24, 2008, affirmed, with one bill of $25 costs, for the reasons stated by Joseph E. Capella, J. at Civil Court.

Landlord's liability for civil penalties was firmly established by the hearing evidence, which fully supports the court's express factual finding that landlord failed to correct the vermin and window violations, cited in the March 7, 2005 violation order, as it had agreed to do in the parties' March 18, 2005 settlement stipulation (see Mackof v 407-413 Owners Corp., 19 Misc 3d 131[A], 2008 NY Slip Op 50576[U] [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: March 26, 2009