540 E. 5th St. Equities, Inc. v Bosco (2009 NY Slip Op 50780(U))

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540 E. 5th St. Equities, Inc. v Bosco

2009 NY Slip Op 50780(U) [23 Misc 3d 134(A)]

Decided on April 23, 2009

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 23, 2009

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, J.
570226/08

540 E. 5th Street Equities, Inc., Petitioner-Landlord-Respondent,

against

Paul Bosco, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), dated January 31, 2007, which denied his motion to set aside the jury's rent abatement award on his breach of warranty of habitability defense as inadequate.

Per Curiam.

Order (Anil C. Singh, J.), dated January 31, 2007, affirmed, with $10 costs.

The amount of rent abatement awarded by the jury on tenant's breach of warranty of habitability claim was supported by the trial evidence and was within reasonable limits. No basis is shown to disturb the jury's award on this record, and in view of the sharply disputed factual issues put before the jury with respect to the nature and duration of the apartment conditions, and the sufficiency of
the notice and access given by tenant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 23, 2009