Springfield Missionary Baptist Church v Dawson

[*1] Springfield Missionary Baptist Church v Dawson 2009 NY Slip Op 50128(U) [22 Misc 3d 130(A)] Decided on January 28, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 28, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570360/08.

Springfield Missionary Baptist Church, Petitioner-Landlord-Respondent,

against

Angela Dawson and Marcy Dawson, Respondents-Tenants-Appellants, -and- Karen Brown, Respondent-Tenant.

Tenants Angela Dawson and Marcy Dawson appeal from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered February 29, 2008, after a nonjury trial, which awarded possession to landlord in consolidated holdover summary proceedings.

Per Curiam.

Final judgment (Jean T. Schneider, J.), entered February 29, 2008, affirmed, with $25 costs.

We find no basis to disturb the trial court's conclusion that landlord had a non-retaliatory motive for commencing these holdover summary proceedings upon the expiration of the unregulated monthly tenancies (see RPL 223-b). The evidence, fairly interpreted, supports the court's finding that the landlord, which was in a "dire financial" situation, commenced these proceedings to obtain the substantial financial benefits of a condominium development plan for the four-unit building and not in retaliation for any housing-related complaints made by tenants.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 28, 2009