405 East 56th Street, LLC v. Morano

I respectfully dissent. The issue on this appeal is whether the conduct of tenant appellant Kathleen Morano during the six-year period from 1999 to the time of the commencement of the holdover proceeding rose to the level of actionable nuisance. I find that it did not. Therefore, in my opinion, the final judgment being appealed which, after a non-jury trial, awarded possession of the subject rent-stabilized apartment to the landlord, should be reversed and final judgment of possession should be awarded to the tenants.

This court’s authority to review the record developed at nisi prius and…