Opinion
570284/03.
Decided June 21, 2004.
Tenant appeals from a final judgment of the Civil Court, New York County, entered on or about February 26, 2003 after a nonjury trial (Cyril K. Bedford, J.) awarding landlord possession of the subject apartment in an owner occupancy holdover proceeding.
Final judgment entered on or about February 26, 2003 (Cyril K. Bedford, J.) affirmed, with $25 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
The evidence, fairly considered, supports the trial court's determination that the landlord genuinely intends to recover the subject apartment for the use of her adult son and daughter-in-law as their primary residence. The court, as finder of fact, was warranted in resolving the fact-based issue of good faith in the landlord's favor, and in expressly "recogniz[ing]" the landlord's "intent of having her children close to her in her building". A finding of a lack of good faith is not mandated by either the claimed availability of other apartments in the building ( see Matter of Berlinrut v. Leventhal, 43 AD2d 522) or any prior discord between the parties. Nor is it fatal to the landlord's otherwise persuasive owner use claim that at the time of trial her daughter-in-law was not actively pursuing her stated plan to attend business school — one of the factors specified in the underlying notice of nonrenewal in support of the landlord's possessory claim. "Absolute synchronicity" between the trial evidence and the allegations set out in a predicate notice is not required ( see Rocky 116 L.L.C. v. Weston, 195 Misc 2d 363, 365).
We have considered and rejected the tenant's remaining argument.
This constitutes the decision and order of the court.