West 50th St. Realty Co., LLC v Garcia

[*1] West 50th St. Realty Co., LLC v Garcia 2009 NY Slip Op 50571(U) [23 Misc 3d 127(A)] Decided on April 3, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 3, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.


West 50th Street Realty Co., LLC, Petitioner-Appellant, No. 570149/08

against

Guillermo Garcia, Respondent-Respondent.

Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Cyril K. Bedford, J.), entered on or about December 22, 2003, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.

Per Curiam.

Order (Cyril K. Bedford, J.), entered on or about December 22, 2003, affirmed, with $10 costs.

We agree, essentially for reasons stated by the trial court, that this holdover summary proceeding, premised solely upon allegations that respondent Garcia is a squatter, cannot be sustained. As the court properly recognized, the history of respondent's occupancy, including the earlier eviction proceedings instituted by the predecessor building owner acknowledging respondent's tenancy interests, negates petitioner's present squatter theory. We note petitioner's substantial delay in perfecting this appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 03, 2009