Opinion
No. 2011–960 KC.
2012-06-11
Abdus SHAHID, Appellant, v. Stephinas BLYTHE, Respondent.
Present: RIOS, J.P., PESCE and ALIOTTA, JJ.
Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Cheryl J. Gonzales, J.), entered November 24, 2009. The final judgment, after a nonjury trial, dismissed the petition in a holdover summary proceeding.
ORDERED that the final judgment is affirmed, without costs.
In this holdover summary proceeding, the Civil Court dismissed the petition after a nonjury trial, finding that landlord had failed to prove his allegations that tenant had not signed a renewal lease, that tenant had allowed her son to reside in the subject apartment in violation of an order of protection in favor of landlord, and that tenant had failed to provide access to the apartment in violation of a court order. The determination of a fact-finding court should not be disturbed on appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( see Claridge Gardens v. Menotti, 160 A.D.2d 544 [1990] ). As the record supports the Civil Court's determination, we find no basis to disturb the final judgment.
We note that we do not consider those items annexed to landlord's brief which, not having been presented to the trial court, are dehors the record ( see Chimarios v. Duhl, 152 A.D.2d 508 [1989] ).
Accordingly, the final judgment is affirmed.