WEST 92ND STREET HOUSING DEVELOPMENT FUND CORPORATION v. AMARO (2018)

Supreme Court, Appellate Term, New York,

7 WEST 92ND STREET HOUSING DEVELOPMENT FUND CORPORATION, Petitioner–Landlord–Appellant, v. Carmen AMARO, Respondent–Tenant–Respondent.

570437 /17

Decided: March 22, 2018

PRESENT: Ling–Cohan, J.P., Gonzalez, Edmead, JJ.

Order (Jack Stoller, J.), dated April 4, 2016, affirmed, without costs.

This holdover proceeding, based upon allegations that tenant violated the proprietary lease by making certain alterations in her apartment, is not susceptible to summary disposition. The record presents triable issues of fact concerning the nature and extent of the work done in tenant's bathroom (see West 15th St. Assoc., L.P. v. Fares, 31 Misc 3d 149[A], 2011 NY Slip Op 51053[U] [App Term, 1st Dept 2011]; 40 E. 68th St. Co. v. Habbas, 22 Misc 3d 135[A], 2009 NY Slip Op 50284[U] [App Term, 1st Dept 2009]). The present record, including the submissions of landlord's expert, failed to establish the absence of triable issues of fact as to whether tenant breached the lease. In these circumstances, Civil Court properly restored the case for a trial, at which sworn evidence can be received and credibility assessed (see Sherman Realty LLC v. Kevelier, 58 Misc 3d 144[A], 2017 NY Slip Op 51915[U] [App Term, 1st Dept 2017] ).

Per Curiam.

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