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Altagracia Martinez, Petitioner-Tenant-Appellant v. the Pinnacle Group

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


December 28, 2011

ALTAGRACIA MARTINEZ, PETITIONER-TENANT-APPELLANT,
v.
THE PINNACLE GROUP, RESPONDENT-LANDLORD-RESPONDENT.

Tenant appeals from a judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered February 25, 2011, after a non-jury trial, in favor of landlord dismissing tenant's petition.

Per curiam.

Martinez v Pinnacle Group

Decided on December 28, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ

Judgment (Jean T. Schneider, J.), entered February 25, 2011, affirmed, without costs.

Tenant's petition, seeking injunctive relief based upon respondent-landlord's alleged harassment (see Administrative Code of City of NY § 27-2115[h]) was properly dismissed after trial, in the absence of a showing that landlord "commenc[ed] repeated baseless or frivolous court proceedings" against tenant (Code § 27-2004[a][48][d] [emphasis added]). Of the two court proceedings initiated by landlord following the effective date of the harassment statute, viz., March 13, 2008 (see Aguaiza v Vantage Prop, LLC, 69 AD3d 422 [2010]), only the more recent of the two, an October 2009 nonpayment proceeding dismissed for landlord's nonappearance on the initial return date of the petition, can be considered to be baseless or frivolous.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur

Decision Date: December 28, 2011

20111228

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