407 W. 52nd St. Realty, LLC v Ndiaye
Annotate this CaseDecided on June 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570192/08.
407 West 52nd Street Realty, LLC, Petitioner-Landlord-Respondent,
against
Serigne Ndiaye, Respondent-Tenant-Appellant.
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York
County (Gerald Lebovits, J.), dated February 25, 2008, after a nonjury trial, which awarded
possession to landlord in a holdover summary proceeding.
Per Curiam.
Final judgment (Gerald Lebovits, J.), dated February 25, 2008, affirmed, with $25 costs.
Giving due deference to the trial court's findings of fact and credibility, we sustain the
possessory judgment awarded to landlord on the holdover petition. The evidence, including
credited testimony relating to the police recovery, pursuant to a search warrant, of over 160
counterfeit items while tenant was present in his stabilized apartment, supports the court's
determination that the apartment was being used for illegal business purposes (see Real
Property § 231[1]; RPAPL 715[1]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: June 29, 2009
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