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257 Cent. Park W., Inc. v Haberman (2004 NY Slip Op 50953(U))
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Decided on August 12, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570862/03

257 CENTRAL PARK WEST, INC., Petitioner-Landlord -Respondent,
against

SIMON . HABERMAN, Respondent -Appellant.
Respondent Simon Haberman appeals from a final judgment of the Civil Court, New York County, entered October 3, 2003 after trial (Delores J. Thomas, J.) awarding landlord possession in a licensee holdover proceeding.
PER CURIAM:
Final judgment entered October 3, 2003 (Delores J. Thomas, J.) affirmed, with $25 costs.
The trial court properly determined that respondent was in breach of the proprietary lease and the cooperative's house rules by using an assigned parking space without maintaining his primary
file:///C|/Users/Peter/Desktop/NY/2/2004_50953.htm[4/21/2013 1:38:49 PM] 257 Cent. Park W., Inc. v Haberman (2004 NY Slip Op 50953(U))
residence in the subject building. Respondent failed to produce a rider to the proprietary lease purporting to reserve his right to occupy the space. Accordingly, petitioner was entitled to a possessory judgment.
We have considered respondent's remaining arguments and find them to be without merit and/or unpreserved for appellate review.

This constitutes the decision and order of the court.
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