Tenants appeals from a final judgment of the Civil Court, New York County, entered June 11, 2003 after a nonjury trial (Jean T. Schneider, J.) which awarded landlord possession and a net money judgment of $8,963.31 in a nonpayment summary proceeding.

PER CURIAM:

Final judgment entered June 11, 2003 (Jean T. Schneider, J.) affirmed, with $25 costs.

Civil Court properly resolved the rent and habitability issues raised by the parties. A fair interpretation of the voluminous trial evidence, including what the trial court described as the "credible and persuasive" opinion evidence offered by the landlord's environmental experts, supports the court's express determination that the mold condition alleged by tenants to be ongoing was "fully abated" by landlord's contractors in June 2002, approximately six months prior to the commencement of trial. Considering the tenant's failure to establish that the mold condition remained unremedied — an allegation which, in the words of the Trial Judge, framed the "central factual dispute" litigated below — we agree that the outcome of the case was not substantially favorable to the tenant and that tenant did not achieve prevailing party status for [*2]purposes of recovering attorney's fees (see Walentas v Johnes, 257 AD2d 352, 354 [1999], lv dismissed 93 NY2d 958 [1999]; Pelli v Connors, 7
AD3d 464 [2004]).

This constitutes the decision and order of the court.
Decision Date: June 23, 2005