Tenant appeals from a final judgment of the Civil Court, New York County (Timmie Erin Elsner, J.), entered December 8, 2003, after a nonjury trial, which awarded landlord possession in a holdover summary proceeding.

PER CURIAM:

Final judgment (Timmie Erin Elsner, J.), entered
December 8, 2003, affirmed, without costs.

The evidence, fairly considered, supports the trial court's fact-laden determination that tenant had committed a nuisance by, inter alia, causing "overpowering" odors in the loft premises; constructing several "makeshift" storage and sleeping platforms, at least one of which previously collapsed; and storing "tremendous amounts of material," some of which were "extremely flammable". We find no basis to disturb the court's stated conclusion that tenant's actions created "a clear and present danger" to other building occupants, a finding based largely on the court's March 18, 2003 on-site inspection and on considerations relating to the credibility of witnesses (see Thoreson v Penthouse Intl. 80 NY2d 490, 495 [1992]). A documented case of nuisance having been established, landlord was entitled to a possessory judgment (see Frank v Park Summit Realty Corp., 175 AD2d 33 [1991], mod on other grounds 79 NY2d 789

[1991]), and this even if some of the nuisance conditions

Tenant's evidentiary point is unpreserved for appellate review and, in any event, is lacking in merit. The testimonial and photographic evidence presented by landlord's engineer (Draper) was properly admitted, even were such evidence obtained by deceptive or unethical means (see Sackler v Sackler, 15 NY2d 40 [1964]; Stagg v New York City Health and Hosp. Corp., 162 AD2d 595, 596-597 [1990]).
We have considered and rejected tenant's remaining
arguments.

This constitutes the decision and order of the