| 30-40 Assoc. Corp. v Cuervo |
| 2007 NY Slip Op 51232(U) [16 Misc 3d 127(A)] |
| Decided on June 20, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York
County (Jerald R. Klein, J.), entered July 1, 2005, after a nonjury trial, which awarded possession
to landlord in a holdover summary proceeding.
Per Curiam:
Final judgment (Jerald R. Klein, J.), entered July 1, 2005, affirmed, with $25 costs. Execution of the warrant of eviction shall be stayed for 60 days from the service of a copy of this order with notice of entry.
The evidence, fairly interpreted, supports the trial court's finding that tenant substantially overcharged his subtenant in violation of RSC § 2525.6[b]. We agree that tenant should not be permitted to cure the lease violation, inasmuch as tenant collected nearly three times the stabilized rent and failed to refund the overcharge (see Matter of 151-155 Atl. Ave. Inc. v Pendry, 308 AD2d 543 [2003]).
We have considered tenant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 20, 2007