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LLC v. Peterson

Supreme Court of New York, First Department

July 19, 2013

MH RESIDENTIAL 1, LLC, Petitioner-Landlord-Respondent,
v.
Ronald D. Peterson, 13-121, Respondent-Tenant-Appellant, and Kathleen Peterson, Kate Peterson, R.J. Peterson,

Editorial Note:

This decision has been referenced in a table in the New York Supplement.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), entered May 14, 2012, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Present: SCHOENFELD, J.P., HUNTER, JR., TORRES, JJ.

PER CURIAM.

Final judgment (Laurie L. Lau, J.), entered May 14, 2012, affirmed, without costs.

Upon tenant's undisputed failure to comply with the parties' June 8, 2007 stipulation requiring the payment of interim use and occupancy and the court's March 14, 2012 directive requiring such payments, Civil Court properly granted a possessory judgment in landlord's favor ( see Rose Assoc. v. Johnson, 247 A.D.2d 222 [1998]; Hodo v. Serrecchia, 102 A.D.2d 807 [1984] ). In affirming, we note tat tenant does not now challenge the validity of the court's payment directive or the enforceability of the parties' stipulation. We reach no other issue.


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