Keystone Towers, LLC v Bastien

[*1] Keystone Towers, LLC v Bastien 2007 NY Slip Op 50667(U) [15 Misc 3d 131(A)] Decided on March 28, 2007 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 28, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2005-1071 K C.

Keystone Towers, LLC, Respondent,

against

Ernest Bastien, Appellant.

Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Marcia J. Sikowitz, J.), entered July 21, 2005. The final judgment, after a nonjury trial, awarded landlord possession and the sum of $329.

Final judgment affirmed without costs.

In this nonpayment summary proceeding, the court below properly held, based upon the evidence before it, that tenant owed the $329 sought in the petition as amended. The terms of the stipulation in the prior summary proceeding, which provided for the application of some of tenant's payments thereunder toward late and legal fees, are not subject to alteration in this proceeding so as to permit the
re-application toward rent of the sums paid pursuant to the stipulation for late and legal fees (see Roberson v Morris, NYLJ, May 18, 1994 [App Term, 2d & 11th Jud Dists]). Accordingly, the final judgment is affirmed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: March 28, 2007