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J & P Realty LLC v. Marianne Spinelli

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 30, 2010

J & P REALTY LLC,
PETITIONER-LANDLORD-APPELLANT,
v.
MARIANNE SPINELLI
RESPONDENT-TENANT-RESPONDENT.

Per curiam.

J & P Realty LLC v Spinelli

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This opinion is uncorrected and will not be published in the printed Official Reports.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, 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 (Michelle D. Schreiber, J.), dated November 2, 2009, after a non-jury trial, which dismissed the petition in a holdover summary proceeding.

Order (Michelle D. Schreiber, J.), dated November 2, 2009, affirmed, with $10 costs.

The decision of a court after a bench trial should not be disturbed upon appeal unless it is obvious that the court's conclusions could not have been reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see Claridge Gardens, Inc. v Menotti, 160 AD2d 544 [1990]; see also Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492 [1983]).

Here, the trial evidence, fairly interpreted, amply supports the court's conclusions that landlord failed to establish that tenant either created a nuisance or breached a substantial obligation of the lease, other than the obligation to refrain from installing, without landlord's permission, a washing machine, which breach the court determined was timely cured. Since we discern no reason to disturb the court's credibility determinations -- which were expressly articulated by the court -- we sustain the dismissal of the petition. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 30, 2010

20101230

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