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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

J.H. Taylor Construction Corp. v. Liguori, 5 Misc. 3d 74 (2004)

Citation
J.H. Taylor Construction Corp. v. Liguori, 5 Misc. 3d 74 (2004)
Parent Document
J.H. Taylor Construction Corp. v. Liguori, 5 Misc. 3d 74 (2004)
Jurisdiction
New York (state)
Effective Date
2004-11-12

Full Text

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The authority of an intermediate appellate court to review a record is as broad as that of the trial court (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]). Exercising that authority here, and considering the testimonial, documentary and photographic evidence presented at trial, we conclude that petitioner landlord met its burden to demonstrate that tenant engaged in a “recurring or continuing pattern” of objectionable conduct sufficient to constitute a nuisance (Domen Holding Co. v Aranovich, 1 NY3d 117, 125 [2003]).