Petitioner-landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), entered on or about May 2, 2003, after a nonjury trial, which awarded tenant a rent abatement in a nonpayment summary proceeding.

PER CURIAM:

Order (Laurie L. Lau, J.), entered on or about May 2, 2003, affirmed, with $10 costs.

Civil Court properly resolved the habitability issues litigated below. There is ample evidence to sustain the trial court's findings that tenant was subjected to recurrent, "cascading" water leaks into his apartment over a period of years and that petitioner's repair efforts were "cosmetic and short-lived". Nor does it avail petitioner that the water penetration may ultimately have been caused by deficiencies in the exterior of the building premises over which a third-party, the cooperative building owner, had primary control. A landlord's obligation to maintain residential premises in habitable condition is one imposed by law (see Real Property Law § 235-b), and does not hinge upon considerations of negligence or active fault. The percentage amounts of the abatement, although substantial, were within reasonable limits and are not disturbed. We note petitioner's four-year delay in perfecting the appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 18, 2008