257 Cent. Park W., Inc. v Abraham

[*1] 257 Cent. Park W., Inc. v Abraham 2013 NY Slip Op 51405(U) Decided on August 27, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 27, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr. J.P., Schoenfeld, Shulman, JJ
570502/11.

257 Central Park West, Inc., Petitioner-Respondent, - -

against

Gideon Abraham, Respondent-Appellant.

Respondent Gideon Abraham appeals from a final judgment of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), entered September 14, 2012, after a nonjury trial, which awarded possession to petitioner in a holdover summary proceeding.

Per Curiam.

Final judgment (Debra Rose Samuels, J.), entered September 14, 2012, affirmed, with $25 costs, for the reasons stated in the bench decision of Debra Rose Samuels, J. at Civil Court.

Appellant failed in his burden to demonstrate that the decision of the petitioning cooperative corporation to terminate his parking license was violative of the business judgment rule (see Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 NY2d 530, 539 [1990]). To the contrary, the trial evidence showed, and the court expressly found, that appellant's parking license was terminated based on his demonstrated delinquency in timely paying his monthly parking fees (see Skouras v Victoria Hall Condominium, 73 AD3d 902, 903 [2010]). Notably, appellant made no persuasive showing that the actions of the cooperative's board of directors went beyond the scope of its authority, and expressly disavowed any claim that the board improperly "singled [him] out" (see Levandusky at 540).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 27, 2013