450-454 W. 152nd St. HDFC v Stembridge

[*1] 450-454 W. 152nd St. HDFC v Stembridge 2013 NY Slip Op 50225(U) Decided on February 6, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 6, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570015/12.

450-454 West 152nd Street HDFC, Petitioner-Landlord-Respondent,

against

Everett Stembridge, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered December 20, 2011, after a nonjury trial, which awarded landlord possession and a money judgment for use and occupancy in a holdover summary proceeding.

Per Curiam.

Appeal from order (David J. Kaplan, J.), entered December 20, 2011, deemed an appeal from the ensuing final judgment (same court and Judge), entered on or about December 22, 2011, and so considered (see CPLR 5520[c]), final judgment affirmed, without costs.

The weight of the trial evidence supports a finding that petitioner-landlord, a housing development fund corporation, established the requisite good cause for terminating respondent Stembridge's month-to-month tenancy (see Matter of Volunteers of Am.-Greater NY, Inc. v Almonte, 65 AD3d 1155, 1157-1158 [2009]; 512 E. 11th St. HDFC v Grimmet, 181 AD2d 488, 489 [1992], appeal dismissed 80 NY2d 892 [1992]). The record shows that respondent has no enforceable possessory interest in the apartment premises, since his occupancy began after the building was converted to cooperative ownership, he neither purchased the shares allocated to the apartment nor signed any proprietary lease agreement, and the rental agreement issued to him in connection with the settlement of a prior eviction proceeding has long since expired (see 450-454 W. 152nd St. Hous. Dev. Fund Corp. v Martin, 298 AD2d 135 [2002]; 191 E. 3rd St. Hous. Dev. Fund Corp. v Poon, 2003 NY Slip Op 51073[U] [App Term, 1st Dept 2003]). We note, too, that tenant has not tendered any rent since February 2010.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 06, 2013