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405 E. 56TH ST. LLC v. MORANO

19 Misc.3d 62 (2008)

860 N.Y.S.2d 784

405 EAST 56TH STREET, LLC, Respondent, v. DAVID MORANO et al., Appellants.

Supreme Court, Appellate Term, First Department.

April 30, 2008.

Attorney(s) appearing for the Case

Kathleen Morano, appellant pro se.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City (Paul N. Gruber of counsel), for respondent.

McKEON, P.J., and HEITLER, J., concur; DAVIS, J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered February 15, 2006, affirmed, without costs. Execution of the warrant of eviction shall be stayed for 60 days after service of a copy of this order with notice of entry.

There is ample record evidence to sustain the trial court's express factual findings that tenant committed a nuisance by engaging, over a period of years, in "a course of conduct...

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