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EMEL REALTY CORP. v. CAREY

188 Misc.2d 280 (2001)

729 N.Y.S.2d 228

EMEL REALTY CORP., Appellant-Respondent, v. ROSEANNE CAREY, Also Known as ROSEANNE CAREY-YOUNG, Respondent-Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 6, 2001.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, L. L. P., New York City (Sherwin Belkin, Magda L. Cruz and David M. Skaller of counsel), for appellant-respondent.

Roseanne Carey, respondent-appellant pro se.

PARNESS, P. J., DAVIS and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment entered on or about April 26, 1999 reversed, with $30 costs, and final judgment of possession is awarded in favor of landlord on the holdover petition.

In this summary holdover proceeding to recover possession of a rent-stabilized apartment on nonprimary residence grounds, Civil Court made the following findings of fact after trial: (1) the tenant is "underutilizing" the subject West 75th Street apartment...

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