First Hudson Capital, LLC v. Seaborn

OPINION OF THE COURT

Final judgment entered June 20, 2005, affirmed, with $25 costs. Order, dated July 29, 2005, modified to deny landlord’s cross motion and to remand the matter for such further proceedings as may be necessary to determine the amount of use and occupancy due landlord; as modified, order affirmed, without costs.

Civil Court, finding the landlord’s evidence “overwhelming” and that tenant “lied and recanted his testimony” both at trial and a posttrial hearing, granted the holdover petition upon its ultimate conclusion that tenant had engaged in “profiteering” in connection with…