Tenant appeals from a final judgment of the Civil Court, New York County, entered on or about June 16, 2003 after a hearing (Timmie Erin Elsner, J.) awarding landlord possession and a money judgment in the principal sum of $1,612.12 in a nonpayment summary proceeding.

PER CURIAM:

Final judgment entered on or about June 18, 2003 (Timmie Erin Elsner, J.) modified to reduce the landlord's recovery of rent arrears to the principal sum of $1,229.79; as modified, final judgment affirmed, without costs.

Civil Court properly resolved the habitability issues raised in favor of the landlord. The hearing evidence, fairly interpreted, supports the court's factual determinations that tenant had "impeded [landlord's] ability to complete [the painting work] agreed upon" by the parties in their prior settlement stipulation and that no other rent impairing conditions remained in tenant's apartment. As landlord concedes, the amount of the rent award issued below should be reduced to reflect a $382.33 credit owed tenant for rent previously paid but not included in the court's calculations. [*2]

This constitutes the decision and order of the court.
Decision Date: December 08, 2004