CHI-AM REALTY v. GUDDAHL


7 Misc.3d 54 (2005)

794 N.Y.S.2d 778

CHI-AM REALTY, INC., Respondent, v. ROBERT GUDDAHL et al., Appellants.

Supreme Court, Appellate Term, Second Department.

March 1, 2005.


Attorney(s) appearing for the Case

Robert Guddahl, appellant pro se.

Belkin Wenig & Goldman, LLP, New York City (Magda Cruz, Stacey Bender and Jay H. Berg of counsel), for respondent.

PESCE, P.J., and PATTERSON, J., concur; RIOS, J., dissents in a separate memorandum.


OPINION OF THE COURT

MEMORANDUM.

Final judgment affirmed without costs.

Landlord commenced this summary holdover proceeding predicated upon nuisance. Rent Stabilization Code (9 NYCRR) § 2524.3 (b) provides for a tenant's eviction where:

"The tenant is committing or permitting a nuisance in such housing accommodation or the building containing such housing accommodation; or is maliciously...

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