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The City of New York v. Curtis Johnson

New York Supreme and/or Appellate Courts APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


July 6, 2011

THE CITY OF NEW YORK,
PETITIONER-LANDLORD-RESPONDENT,
v.
CURTIS JOHNSON, RESPONDENT-TENANT, -AND- GARY CROSE, RESPONDENT-APPELLANT.

Respondent Gary Crose appeals from a final judgment of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered on or about October 13, 2010, after a non-jury trial, which awarded landlord possession in a holdover summary proceeding.

Per curiam.

City of New York v Johnson

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 6, 2011

PRESENT: Shulman, J.P., Schoenfeld, Torres, JJ

Final judgment (David J. Kaplan, J.), entered on or about October 13, 2010, affirmed, with $25 costs.

In this holdover summary proceeding pursuant to, inter alia, Real Property Law § 232(a), we agree with Civil Court that the municipal landlord demonstrated the requisite good cause for terminating the subject month-to-month tenancy (see Matter of Volunteers of Am.-Greater NY, Inc. v Almonte, 65 AD3d 1155, 1157-1158 [2009]; 512 E. 11th St. HDFC v Grimmet, 181 AD2d 488, 489 [1992], app dismissed 80 NY2d 892 [1992]; 157 W. 123 St. Tenants Assn. v Hickson, 142 Misc 2d 984, 985 [1989]). Specifically, the undisputed trial evidence established that tenant used the subject apartment premises for illicit activities, uncovered by police while executing a search warrant, including possession of contraband, drug paraphernalia, ammunition and body armor. These activities ultimately led to tenant's conviction and one-year sentence for criminal possession of a controlled substance in the third degree, a class B felony. Accordingly, Civil Court properly awarded landlord possession of the subject apartment.

We have examined respondent's remaining contention and find it to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: July 06, 2011

20110706

© 1992-2011 VersusLaw Inc.



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