Hoogerwerf v McGowan
Annotate this CaseDecided on December 30, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570440/10.
Marion Lee Hoogerwerf, Petitioner-Landlord-Appellant,
against
Angus Hairstens McGowan and Scott Crowe, Respondents-Tenants-Respondents.
Landlord appeals from a final judgment of the Civil Court of the City of New York, New
York County (Gary F. Marton, J.), dated October 31, 2008, after a nonjury trial, in favor of
tenants dismissing the nonpayment petition.
Per Curiam.
Final Judgment (Gary F. Marton, J.), dated October 31, 2008, affirmed, with $25 costs, for
the reasons stated by Gary F. Marton, J. at Civil Court. See 5th Ave. Building Co. v
Kernochan, 221 NY 370 (1917); Fifth Ave. Estates, Inc. v Scull, 42 Misc 2d 1052
(1964); Gottesman v Gerber, 23 Misc 2d 893 (1960); cf. Eastside Exhibition Corp. v
210 E. 86th St. Corp., 23 AD3d 100 (2005).
THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: December 30, 2010
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