332 WEST 47TH STREET ASSOCIATES v. BUXO (2025)

Supreme Court, Appellate Term, New York,

332-4 WEST 47TH STREET ASSOCIATES, L.P., Petitioner-Landlord-Respondent, v. Jeannie BUXO and Oxana Nabokova, Respondents-Tenants-Appellants.

570162 /22

Decided: October 10, 2025

PRESENT: Tisch, J.P., Perez, Alpert, JJ.

Order (Yekaterina Blinova, J.), dated November 20, 2024, affirmed, without costs.

We find no abuse of discretion in the denial of tenants’ application for posteviction relief in this 2019 holdover proceeding. Tenants’ challenge to the final judgment is precluded by our prior orders dismissing their appeal from that judgment as untimely (332-4 W. 47th St. Assoc., LP v Buxo, 81 Misc 3d 143[A], 2024 NY Slip Op 50162[U][App Term, 1st Dept 2024]; 332-4 W. 47th St. Assoc., LP v Buxo, 2022 NY Slip Op 66396[U] [App Term, 1st Dept 2022]; see Katz Park Ave. Corp. v Jagger, 98 AD3d 921 [2012]). In addition, tenants’ lease agreement for the unregulated apartment expired more than six years ago, they have no right to any continued possession, and they claim that the apartment is “unfit for human habitation.” Under the circumstances, and in the absence of good cause shown (see RPAPL 749 [3]), tenants’ application to be restored to possession was properly denied (see City of New York v 130/40 Essex St. Dev. Corp., 302 AD2d 292 [2003]; New York Hous. Auth. v Torres, 61 AD2d 681 [1978]; New Savoy Park Portfolio LLC v Santiago, 85 Misc 3d 131[A], 2025 NY Slip Op 50201[U] [App Term, 1st Dept 2025]).

We have examined tenants’ remaining contentions and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network