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155 East 2nd Street Housing Development Fund Corporation v. Habib Tiwoni

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 7, 2010

155 EAST 2ND STREET HOUSING DEVELOPMENT FUND CORPORATION,
PETITIONER-LANDLORD-APPELLANT,
v.
HABIB TIWONI, RESPONDENT-TENANT-RESPONDENT, -AND- "JOHN DOE" AND/OR "JANE DOE,"
RESPONDENTS-UNDERTENANTS.

Per curiam.

155 E. 2nd St. Hous. Dev. Fund Corp. v Tiwoni

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This opinion is uncorrected and will not be published in the printed Official Reports.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 7, 2010

PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated July 2, 2009, which, after a hearing, denied its motion for a possessory judgment and warrant of eviction based upon tenant's alleged breach of a stipulation of settlement in a holdover summary proceeding.

Order (Jean T. Schneider, J.), dated July 2, 2009, affirmed, without costs.

We decline to disturb Civil Court's fact-laden determination that tenant did not materially breach the stipulation of settlement resolving this nuisance holdover summary proceeding. The testimonial and photographic evidence adduced at the hearing, fairly interpreted, supports the conclusion that tenant did not permit the alleged nuisance condition to reoccur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 07, 2010

20101207

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