Jerome Ave. Tenants HDFC v Mosaleva

[*1] Jerome Ave. Tenants HDFC v Mosaleva 2013 NY Slip Op 52236(U) Decided on December 30, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 30, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570118/13.

Jerome Avenue Tenants HDFC, Petitioner-Landlord- - -

against

Inna Mosaleva Respondent-Tenant-Appellant, -and- "John Doe" and Svitlana Algur, Respondents-Undertenants.

Tenant appeals from a final judgment of the Civil Court of the City of New York, Bronx County, (Andrew Lehrer, J.), entered August 10, 2012, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam.

Final judgment (Andrew Lehrer, J.), entered August 10, 2012, affirmed, without costs.

The evidence adduced at trial, fairly interpreted, supports the trial court's express findings that tenant "erected" a partition wall in the subject apartment without landlord's consent, in violation of paragraph 21(a) of the governing proprietary lease agreement, and that the HDFC landlord's prosecution of its eviction claim was neither retaliatory nor discriminatory in nature. A substantial lease violation having been established, we sustain the possessory judgment awarded in landlord's favor. In so doing, there is no need to address landlord's contention that its actions in terminating the tenancy are appropriately measured by the business judgment rule.

Notable for its absence is any claim by tenant that she availed herself of the postjudgment opportunity to cure the lease default properly provided in the trial court's written decision, or any present request by tenant for a further cure opportunity.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 30, 2013