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Pefko Realty, LLC v. Doru Nissim

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


December 19, 2011

PEFKO REALTY, LLC,
APPELLANT-RESPONDENT,
v.
DORU NISSIM,
RESPONDENT-APPELLANT,
AND "JOHN DOE" AND "JANE DOE",
UNDERTENANTS.

Appeal and cross appeal from an order of the Civil Court of the City of New York, Queens County (Deighton S. Waithe, J.), entered April 15, 2010.

Pefko Realty, LLC v Nissim

Decided on December 19, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ

The order denied landlord's motion for summary judgment in a holdover summary proceeding.

ORDERED that the cross appeal by tenant is dismissed as tenant is not aggrieved by the order (see CPLR 5511).

ORDERED that the order is reversed, without costs, and landlord's motion for summary judgment is granted.

In this nuisance holdover proceeding, landlord's papers in support of its motion for summary judgment established that tenant had committed a nuisance by repeatedly filing complaints against landlord with the New York State Division of Housing and Community Renewal (DHCR) and the New York City Department of Housing Preservation and Development, and by commencing HP proceedings against landlord, resulting in the placement of violations, and then consistently refusing to allow landlord, DHCR and court personnel access to his apartment to inspect and repair the conditions, and that this conduct continued during the pendency of the instant proceeding. Tenant failed to dispute these facts, maintaining only, incorrectly, that his refusals to provide access were justified. As landlord established tenant's commission of a nuisance (cf. Cabrini Terrace Joint Venture v O'Brien, 71 AD3d 486 [2010]; 12 Broadway Realty, LLC v Levites, 44 AD3d 372 [2007]) and as tenant raised no triable issue in opposition to landlord's motion, landlord's motion should have been granted.

Pesce, P.J., and Steinhardt, J., concur. Rios, J., taking no part.

Decision Date: December 19, 2011

20111219

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