Tsangarinos v Attaway

[*1] Tsangarinos v Attaway 2014 NY Slip Op 50848(U) Decided on May 30, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 30, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan, JJ.
570169/14

Basil Tsangarinos, Petitioner-Landlord-Appellant,

against

Hafsha Attaway, Respondent-Tenant-Respondent.

Landlord appeals from a final judgment of the Civil Court of the City of New York, Bronx County (Andrew Lehrer, J.), entered on or about September 11, 2012, after a nonjury trial, in favor of tenant dismissing the petition in a holdover summary proceeding.

Per Curiam.

Final judgment (Andrew Lehrer, J.), entered on or about September 11, 2012, affirmed, with $25 costs, for the reasons stated by Andrew Lehrer, J. at Civil Court.

Giving due deference to the trial court's detailed findings of fact and credibility, we find no cause to disturb the court's ultimate determination that tenant's conduct did not rise to the level of actionable nuisance, viz., "a pattern of continuity or recurrence of objectionable conduct" (Domen Holding Co. v Aranovich, 1 NY3d 117, 124 [2003], quoting Frank v Park Summit Realty Corp., 175 AD2d 33, 34 [1991], modified on other grounds 79 NY2d 789 [1991]). On this record, and in the context of the mutually acrimonious relationship between the parties, tenant's involvement in what the trial court fairly characterized as two "isolated" altercations dating back to 2007, was not shown to have substantially threatened the comfort and safety of others at the building premises so as to justify a forfeiture of the long-term tenancy (see CDC Dev. Co. III LLC v Rivera, 8 Misc 3d 132[A], 2005 NY Slip Op 51151[U];[App Term, 1st Dept 2005]). The landlord's remaining allegations of nuisance were properly rejected for lack of proof.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 30, 2014