Grand St. Props., LLC v Caggiano

[*1] Grand St. Props., LLC v Caggiano 2009 NY Slip Op 51059(U) [23 Misc 3d 142(A)] Decided on May 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570180/09.

Grand Street Properties, LLC, Petitioner-Landlord-Respondent,

against

Katie Caggiano, Respondent-Tenant-Appellant, -and- Matthew Caggiano, Respondent-Appellant.

Tenant and respondent Matthew Caggiano appeal from an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered on or about February 26, 2008, after a hearing, awarding possession to landlord in a holdover summary proceeding.

Per Curiam.

Order (Gerald Lebovits, J.), entered on or about February 26, 2008, affirmed, with $10 costs, for the reasons stated by Gerald Lebovits, J. at Civil Court.

Giving due deference to the fact and credibility
determinations made by Civil Court following the full and fair compliance hearing held below, we sustain the possessory judgment awarded in favor of landlord. In view of the demonstrated, unabated nuisance conditions shown to have been caused by the disruptive and anti-social behavior of tenant's adult son, the "safety and domestic tranquility of the other tenants in the building, to say nothing of [landlord's] staff, demand the protection of the law in the form of the eviction of [tenant]" (Frank v Park Summit Realty Corp., 175 AD2d 33, 36 [1991], mod on other grounds 79 NY2d 789 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 29, 2009