MATTER OF GIL v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

10120, 100419/18.

176 A.D.3d 531 (2019)

111 N.Y.S.3d 5

2019 NY Slip Op 07503

In the Matter of Juan Gil et al., Appellants, v. New York City Department of Housing Preservation and Development et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 17, 2019.


Attorney(s) appearing for the Case

Juan Gil, petitioner pro se.

Jennifer Bonesteel, petitioner pro se.

Zachary W. Carter , Corporation Counsel, New York ( D. Alan Rosinus, Jr. of counsel), for New York City Department of Housing Preservation and Development, respondent.

Gutman, Mintz, Baker & Sonnenfeldt, LLP, New Hyde Park ( Moses Ginsberg of counsel), for Manhattan Plaza LP, respondent.

Concur—Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.


The hearing officer's determination to issue a certificate of eviction is rational and supported by substantial evidence, inasmuch as petitioners' lease expressly prohibited them from engaging in any unlawful activity in the subject apartment that threatened the health, safety, or right to peaceful enjoyment of such premises by other residents of the development and also prohibited petitioners from engaging in acts that would disturb the rights or comfort of their neighbors...

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