Tenant appeals from 1) a final judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), entered March 29, 2007, after a nonjury trial, which awarded landlord possession and a recovery of rent arrears in a nonpayment summary proceeding, and 2) an order, same court (Gerald Lebovits, J.), dated May 16, 2007, which granted landlord's motion for attorneys' fees and directed a hearing to determine the reasonable amount of such fees.

Per Curiam.

Final judgment (Pam B. Jackman Brown, J.), entered March 29, 2007, and order (Gerald Lebovits, J.), dated May 16, 2007, affirmed, without costs.

Civil Court properly resolved the habitability issues raised in favor of landlord. The trial evidence, fairly interpreted, supports the court's determinations that landlord had complied with a stipulation settling a prior Housing Part proceeding by correcting the various conditions complained of by tenant, that any delay in the completion of the repairs resulted from tenant's failure to grant access to landlord, and that no rent impairing conditions remained in tenant's apartment. As prevailing party, landlord is entitled to recover reasonable attorneys' fees under the governing lease agreement.

This Constitutes the Decision and Order of the Court.
Decision Date: June 30, 2008