342 W. 30th St. Corp. v Vaswani (2004 NY Slip Op 50103(U))

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342 W. 30th St. Corp. v Vaswani

2004 NY Slip Op 50103(U)

Decided on February 27, 2004

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This opinion is uncorrected and will not be published in the Official Reports.

Decided on February 27, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570845/02

342 WEST 30TH STREET CORP., Petitioner-Landlord-Respondent,

against

KAMLA VASWANI, Respondent-Tenant-Appellant.

Tenant appeals from an order and judgment of the Civil Court, New York County, dated January 23, 2002 (Ernest J. Cavallo, J.) which, after trial, granted a 10 per cent rent abatement to the tenant and a net judgment for arrears to the landlord in the amount of $10,321.88 in a nonpayment summary proceeding. Tenant further appeals from an order of the same court and judge, dated February 20, 2002, denying her motion to vacate the judgment.

PER CURIAM:

Order and judgment dated January 23, 2002 (Ernest J. Cavallo, J.) and order dated February 20, 2002 (Ernest J. Cavallo, J.) affirmed, without costs.

Civil Court properly resolved the rent and habitability issues raised by the parties. The court did not err in limiting tenant's complaints to the 2000-2001 heating season, since tenant's claims for prior periods had been rejected in the context of her recently concluded HP proceeding.

This constitutes the decision and order of the court.