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Abdus Shahid v. Stephinas Blythe

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


June 11, 2012

ABDUS SHAHID,
APPELLANT,
v.
STEPHINAS BLYTHE,
RESPONDENT.

Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Cheryl J. Gonzales, J.), entered November 24, 2009.

Shahid v Blythe

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 11, 2012

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

The final judgment, after a non-jury trial, dismissed the petition in a holdover summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this holdover summary proceeding, the Civil Court dismissed the petition after a non-jury trial, finding that landlord had failed to prove his allegations that tenant had not signed a renewal lease, that tenant had allowed her son to reside in the subject apartment in violation of an order of protection in favor of landlord, and that tenant had failed to provide access to the apartment in violation of a court order. The determination of a fact-finding court should not be disturbed on appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti,160 AD2d 544 [1990]). As the record supports the Civil Court's determination, we find no basis to disturb the final judgment.

We note that we do not consider those items annexed to landlord's brief which, not having been presented to the trial court, are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).

Accordingly, the final judgment is affirmed.

Rios, J.P., Pesce and Aliotta, JJ., concur.

Decision Date: June 11, 2012

20120611

© 1992-2012 VersusLaw Inc.



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