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FIRST AVENUE VILLAGE CORP. v. HARRISON

17 Misc.3d 20 (2007)

844 N.Y.S.2d 544

FIRST AVENUE VILLAGE CORP., Appellant, v. ALEXANDER HARRISON, Respondent.

Supreme Court, Appellate Term, First Department.

September 13, 2007.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City (Jason S. Garber and Patrick K. Munson of counsel), for appellant.

Wedeen & Kavanagh, New York City (Timothy Wedeen of counsel), for respondent.

McKEON, P.J., McCOOE and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about July 6, 2005, modified to deny tenant's application for attorney's fees and vacate the finding of frivolous conduct, and, as modified, affirmed, without costs.

We sustain the dismissal of the holdover petition since a fair interpretation of the evidence supports the trial court's central findings that landlord lacked credibility...

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