| 107-109 E. 88th St. LLC v Nowillo |
| 2006 NY Slip Op 52176(U) [13 Misc 3d 136(A)] |
| Decided on November 21, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court, New York County (Gerald Lebovits, J.), entered on or about June 24, 2005, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.
PER CURIAM:
Final judgment (Gerald Lebovits, J.), entered on or about June 24, 2005, affirmed, with $25 costs.
The evidence, fairly interpreted, supports the trial court's determination that tenant engaged in a recurring and continuing pattern of objectionable conduct constituting a nuisance (see Domen Holding Co. v Aranovich, 1 NY3d 117 [2003]). The record shows that tenant caused two separate fires in his apartment, including one which occurred when he left a lit stove unattended with flammable materials on it. Tenant's grossly negligent conduct posed a substantial risk to his neighbors and to the landlord's property, and warrants the tenant's eviction (see 244 East 78 LLC v Emerson, 2002 NY Slip Op 50440[U][App Term, 1st Dept).
This constitutes the decision and order of the Court.
Decision Date: November 21, 2006