Kyu Hong Han v Adams

[*1] Kyu Hong Han v Adams 2009 NY Slip Op 50681(U) [23 Misc 3d 132(A)] Decided on April 14, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Heitler, J.
570467/08

Kyu Hong Han, Petitioner-Landlord-Respondent,

against

Lovado Adams, Respondent-Tenant-Appellant.

Tenant appeals from 1) a final judgment of the Civil Court of the City of New York, Bronx County (Brenda S. Spears, J.), entered January 9, 2007, after an inquest, which awarded landlord possession in a holdover summary proceeding, and 2) an order (same court and Judge), dated July 30, 2007, which denied her motion to be restored to possession.

Per Curiam.

Final judgment (Brenda S. Spears, J.), entered January 9, 2007, and order (Brenda S. Spears, J.), dated July 30, 2007, affirmed, without costs.

Landlord was properly awarded a possessory judgment upon the inquest, where its unrefuted evidence showed that the defaulting tenant's unregulated lease agreement had expired by its terms. Nor did tenant establish any basis to be restored to possession following the ensuing (lawful) eviction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 14, 2009