Botkin v. Cadman Plaza North

82 A.D.3d 527, 919 N.Y.2d 10
Appellate Division of the Supreme Court of the State of New York·Decided March 15, 2011·Published·Cited by 1 cases

Opinion

The determination that petitioner engaged in behavior that constituted a nuisance was supported by substantial evidence, including the testimony of a mail carrier, a doorman in the building, and other cooperators, who all described instances of petitioner’s objectionable conduct (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). There exists no basis to disturb the Hearing Officer’s credibility determinations, including the finding that it was not credible that every witness who testified that petitioner was the [528] aggressor in their interactions with her was mistaken or lying (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.

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Botkin v. Cadman Plaza North, 82 A.D.3d 527, 919 N.Y.2d 10 (N.Y. Ct. App. 2011).

82 A.D.3d 527 (Botkin v. Cadman Plaza North) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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