Kirby v JHB Hous. Inc.

[*1] Kirby v JHB Hous. Inc. 2009 NY Slip Op 51169(U) [23 Misc 3d 147(A)] Decided on June 10, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, J.
570839/07

Daniel Kirby, Petitioner-Tenant-Appellant,

against

JHB Housing Inc. and Dorothy Samaroo, Managing Agent, Respondents-Landlords- Respondents, The City of New York Department of Housing Preservation and Dev., Respondent.

Petitioner Kirby appeals from a judgment of the Civil Court of the City of New York, Bronx County (Jerald R. Klein, J.), entered on or about June 21, 2007, after a nonjury trial, which, inter alia, dismissed the petition in a Housing Part enforcement proceeding.

Per Curiam.

Judgment (Jerald R. Klein, J.), entered on or about June 21, 2007, affirmed, without costs, for the reasons stated by Jerald R. Klein, J. at Civil Court.

On this record, we agree that respondents-landlords substantially complied with the requirements of Multiple Dwelling Law § 50-a by implementing 24-hour manned security measures that provided greater protection to the building residents than the bell and buzzer sought by the petitioning tenant.We note that tenant does not point to any unsafe condition in the premises, but instead purports to raise privacy issues which are beyond the scope of this Housing Part enforcement proceeding.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur
Decision Date: June 10, 2009