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Bon Aire Properties, Inc v. John Curley

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


February 14, 2011

BON AIRE PROPERTIES, INC.,
RESPONDENT,
v.
JOHN CURLEY, APPELLANT.

Appeal from a final judgment of the Justice Court of the Village of Suffern, Rockland County (Richard H. Ackerson, J.), entered February 17, 2009.

Bon Aire Props., Inc. v Curley

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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 14, 2011

PRESENT: NICOLAI, P.J., MOLIA and LaCAVA, JJ

The final judgment, after a non-jury trial, awarded possession to landlord in a holdover summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

At the non-jury trial in this residential holdover proceeding, landlord established that tenant had failed to install carpeting in his apartment as required by the house rules. In his proprietary lease, tenant had agreed to abide by the house rules, which explicitly state that the carpeting rule is considered a substantial obligation of the tenancy. As tenant admitted at trial that he had not complied with the rule, and since he has not, on appeal, shown any basis to disturb the final judgment, the final judgment is affirmed.

Nicolai, P.J., Molia and LaCava, JJ., concur. Decision Date: February 14, 2011

20110214

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