West 88th St., LLC v Henriquez

[*1] West 88th St., LLC v Henriquez 2014 NY Slip Op 51685(U) Decided on December 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 1, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, P.J., Shulman, Hunter, Jr., JJ.
570553/14

West 88th Street, LLC, Petitioner-Landlord-Respondent, -

against

Reynoso Henriquez, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Jack Stoller, J.), entered February 24, 2014, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam.

Final judgment (Jack Stoller, J.), entered February 24, 2014, affirmed, with $25 costs, for the reasons stated by Jack Stoller, J. at Civil Court.

In affirming the trial court's fact-laden determination that tenant did not maintain the Manhattan rent stabilized apartment here at issue as his primary residence, we emphasize the compelling photographic evidence establishing that tenant kept the apartment in what the court fairly characterized as "a state of disarray, with a refrigerator, bathtub, and sink in a state of disuse, debris throughout . . . and a lack of a bed," and utility records showing that tenant's electrical consumption in the apartment during the two-year period prior to the expiration of his last lease was virtually nil (see Carmine Ltd. v Gordon, 41 AD3d 196, 199 [2007]).

Nor do we find any abuse of discretion in the denial of tenant's midtrial application for an adjournment to obtain new counsel (see ARC on 4th St., Inc. v Quezada, 112 AD3d 431 [2013]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: December 01, 2014