PINEHURST CORP v. SCHLESINGER


12 Misc.3d 26 (2006)

816 N.Y.S.2d 815

PINEHURST CONSTRUCTION CORP., Respondent, v. EVA SCHLESINGER, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 24, 2006.


Attorney(s) appearing for the Case

Stephen H. Weiner, New York City, for appellant.

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Jeffrey R. Metz of counsel), for respondent.

McKEON, P.J., and DAVIS, J., concur; GANGEL-JACOB, J., dissents in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Final judgment, entered May 10, 2004, affirmed, with $25 costs.

There is ample record evidence to sustain the trial court's express factual findings that tenant committed a nuisance (see 9 NYCRR 2524.3 [b]) by engaging over a period of years in an "escalating pattern" of "hostile" and "disturbing" behavior, manifested primarily through her recurrent conduct...

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