WSC Riverside Drive Owners LLC v. Williams

OPINION OF THE COURT

Final judgment, entered on or about May 30, 2012, reversed, with $30 costs, and final judgment awarded to petitioner on the holdover petition. Issuance of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.

Based upon our review of the trial evidence in its entirety, and in the exercise of our authority to render the judgment warranted by the facts (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]), we conclude that respondent Williams failed to meet his “affirmative…