155 E. 2nd St. Hous. Dev. Fund Corp. v Tiwoni

[*1] 155 E. 2nd St. Hous. Dev. Fund Corp. v Tiwoni 2010 NY Slip Op 52295(U) [30 Misc 3d 129(A)] Decided on December 7, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 7, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ
570071/10.

155 East 2nd Street Housing Development Fund Corporation, Petitioner-Landlord-Appellant,

against

Habib Tiwoni, Respondent-Tenant-Respondent, -and- "John Doe" and/or "Jane Doe," Respondents-Undertenants.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated July 2, 2009, which, after a hearing, denied its motion for a possessory judgment and warrant of eviction based upon tenant's alleged breach of a stipulation of settlement in a holdover summary proceeding.

Per Curiam.

Order (Jean T. Schneider, J.), dated July 2, 2009, affirmed, without costs.

We decline to disturb Civil Court's fact-laden determination that tenant did not materially breach the stipulation of settlement resolving this nuisance holdover summary proceeding. The testimonial and photographic evidence adduced at the hearing, fairly interpreted, supports the conclusion that tenant did not permit the alleged nuisance condition to reoccur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 07, 2010