Opinion
No. 9326.
October 24, 2006.
Judgment, Supreme Court, New York County (Jane Solomon, J.), entered April 7, 2006, after a nonjury trial, declaring that defendant violated her obligations as a rent-controlled tenant and terminating her tenancy, unanimously affirmed, with costs.
Before: Buckley, P.J., Tom, Saxe, Sullivan and McGuire, JJ.
The judgment was supported by a fair interpretation of the evidence and should not be disturbed ( Saperstein v Lewenberg, 11 AD3d 289). Sufficient evidence, in the form of testimony and numerous exhibits, was presented for the court to find that the occupancy of this three-bedroom apartment (with dining room converted to a fourth bedroom) by numerous persons between 2001 and 2005 — especially short-term transient students at illegal rents — was in the nature of subletting rather than taking in roommates, and constituted profiteering and commercialization of the premises, an incurable violation of the rent control laws ( see BLF Realty Holding Corp. v Kasher, 299 AD2d 87, lv dismissed 100 NY2d 535).
We have considered defendant's remaining arguments and find them without merit.