Mi-Kyeong Oh, Petitioner-Appellant, v. 342 71 LLC DHPD (2026)

Supreme Court, Appellate Term, New York,

Mi-Kyeong Oh, Petitioner-Appellant, v. 342 West 71 Street LLC and Anh Do, Respondents-Respondents, and The Department of Housing Preservation and Development (DHPD), Respondent.

570604 /26

Decided: September 28, 2026

PRESENT: James, P.J., Brigantti, Alpert, JJ.

Per Curiam.

Final judgment (Alberto M. Gonzalez, J.), entered on or about December 3, 2025, affirmed, with $25 costs.

The trial court properly dismissed the proceeding at the close of petitioner's case. Viewing the evidence in the light most favorable to petitioner, there was no rational basis by which the trier of fact could have found in her favor on her claim for harassment (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]). Petitioner offered no witnesses, produced no documentation and her own testimony failed to allege any specific incident of harassment as defined in the Administrative Code (see Administrative Code § 27-2004 [a] [48]).

The court properly excluded petitioner's lone piece of evidence on the ground that she failed to lay a proper foundation for the admission of an audio recording (see People v Ely, 68 NY2d 520, 527 [1986]).

We have considered petitioner's arguments concerning the conduct of the trial and find them unavailing.

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: September 28, 2026

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