GVS Props. LLC v Cepeda

[*1] GVS Props. LLC v Cepeda 2015 NY Slip Op 50717(U) Decided on May 13, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 13, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.
570279/14

GVS Properties LLC, Petitioner-Respondent,

against

Jose Cepeda, Respondent-Appellant, - and - "John Doe" and "Jane Doe," Respondents.

Respondent Jose Cepeda appeals from a final judgment of the Civil Court of the City of New York, New York County (Timmie Erin Elsner, J.), entered on or about November 26, 2013, after a nonjury trial, which awarded possession to petitioner in a holdover summary proceeding.

Per Curiam.

Final judgment (Timmie Erin Elsner, J.), entered on or about November 26, 2013, affirmed, without costs.

We sustain the possessory judgment awarded in favor of petitioner upon the trial of this holdover proceeding. A fair interpretation of the evidence supports the trial court's finding that respondent Jose Cepeda occupied the subject apartment, without paying rent, solely as an incident to his employment as building superintendent, and that his occupancy rights terminated upon the termination of his employment (see RPAPL 713[11]; Genc Realty LLC v Nezaj, 52 AD3d 415 [2008]; Greater NY Corp. of Seventh-Day Adventists v Harrison, 174 AD2d 361 [1991]; see also Best v Samjo Realty Co., 272 AD2d 188 [2000], lv dismissed 95 NY2d 954 [2000], cert denied 532 US 1026 [2001]).

Respondent's arguments, to the extent preserved for appellate review, have been considered and rejected.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 13, 2015