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Strata Realty Corp. v. Pena

Landlord's Notice of Termination Reasonable Given Tenant's Unabated Nuisance

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*1 Tenant, as limited by her briefs, appeals from (1) a final judgment of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), entered April 4, 2016, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding; and (2) an order (same court and Judge), dated November 21, 2016, which denied her motion for a further stay of execution of the warrant of eviction. Landlord, as limited by its briefs, cross-appeals from (1) so much of the aforesaid final judgment as afforded tenant a postjudgment opportunity to cure; and (2) so much of an order (same court and Judge), dated September 20, 2016, which conditionally stayed execution of the warrant of eviction through October 31, 2016.Per Curiam.Final judgment (Laurie L. Lau, J.), entered April 4, 2016, and order (Laurie L. Lau, J.), dated November 21, 2016, affirmed, without costs. Appeal from order (Laurie L. Lau, J.), dated September 20, 2016, dismissed, without costs, as academic.A fair interpretation of the voluminous trial evidence supports the trial court’s fact-laden determination that tenant committed a nuisance (see Rent Stabilization Code [9 NYCRR] §2524.3[b]) by repeatedly filing complaints against landlord relating to conditions in the apartment, resulting in the placement of violations, and then consistently refusing to allow landlord to make necessary repairs. As the trial court aptly put it, tenant “complained to government agencies of

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