| Martinez v Pinnacle Group |
| 2011 NY Slip Op 52340(U) [34 Misc 3d 131(A)] |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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 nonjury trial, in favor of
landlord dismissing tenant's petition.
Per Curiam.
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