Weinreb v Pepi (2004 NY Slip Op 50133(U))

[*1]

Weinreb v Pepi

2004 NY Slip Op 50133(U)

Decided on March 3, 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This opinion is uncorrected and will not be published in the Official Reports.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 March 3, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570784/02

SABINA WEINREB, Petitioner-Landlord-Respondent,

against

HELEN PEPI, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court, New York County, entered August 21, 2001 after a nonjury trial (Maria Milin, J.) awarding landlord possession and a money judgment in the sum of $3,023.79 in a nonpayment summary proceeding. Landlord cross-appeals from so much of the same final judgment as denied landlord's application for attorneys' fees.

PER CURIAM:

Final judgment entered August 21, 2001 (Maria Milin, J.) affirmed, with $25 costs.

We affirm the judgment in landlord's favor entered after trial in this residential nonpayment proceeding. As determined by the Housing Court, landlord made out a prima facie case of outstanding rent through the date of trial. Tenant failed to establish a breach of the warranty of habitability (see, Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 327-328 [1979], cert denied 444 US 992 [1979]) or that her legal regulated rent was incorrect.

Landlord's cross-appeal, not having been briefed, is deemed abandoned.

This constitutes the decision and order of the court.