Appellate Terms of the Supreme Court of New York September 16, 2011 (Sumet I Associates, L.P. v. Irizarry)

Golia, J.

(dissenting and voting to reverse the final judgment and to remit the matter to the Civil Court for entry of a final judgment awarding possession to landlord in the following memorandum). This action was commenced after landlord observed a videotape of Mr. Irizarry, a tenant in the building, spray-painting graffiti.