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1806 Caton, LLC v Ngyuen
2015 NY Slip Op 51792(U) [49 Misc 3d 154(A)]
Decided on December 8, 2015
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 8, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
2013-2323 K C

1806 Caton, LLC, Appellant,

against

Deng Q. Ngyuen, Respondent, and "JOHN DOE" and "JANE DOE," Undertenants.


Appeal from a final judgment of the Civil Court of the City of New York, Kings County (John H. Stanley, J.), entered November 13, 2012. The final judgment, after a nonjury trial, dismissed the petition in a holdover summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this nuisance holdover proceeding based on a claim that, on two occasions, tenant used a washing machine in his apartment, causing water to enter a vacant apartment and a basement area of the building, we find that the record supports the Civil Court's determination, after a nonjury trial, that landlord failed to establish that tenant caused the condition alleged.

Accordingly, the final judgment is affirmed.

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


Decision Date: December 08, 2015