Mengoni v. Passy

Order, Appellate Term of the Supreme Court, First Department (Ostrau, P. J., and Freedman, J.; Pamess, J., dissenting), entered November 21, 1997, which, in a holdover proceeding, insofar as appealed from, affirmed a judgment of the Civil Court, New York County (Anne Katz, J.), dated June 14, 1996, dismissing the proceeding after trial, unanimously affirmed, without costs.

We decline to disturb the factual determination reached by the Civil Court and a majority of the Appellate Term that the appliances and items removed and replaced or fixed by respondent — including kitchen cabinets, air…