River Park Assoc. v Wims (2005 NY Slip Op 51984(U))

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River Park Assoc. v Wims

2005 NY Slip Op 51984(U) [10 Misc 3d 131(A)]

Decided on December 7, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 7, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DECEMBER 7, 2005 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT September 2005 Term McCooe, J.P.,Gangel-Jacob, Schoenfeld, JJ.
570495/04

River Park Associates, Petitioner-Respondent,

against

Sean Wims, Respondent-Appellant.

Tenant appeals from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered September 16, 2004, after a nonjury trial, which awarded landlord possession in a nonpayment summary proceeding.

PER CURIAM

Final judgment (Brenda S. Spears, J.), entered September 16, 2004, affirmed, without costs.

In the absence of any record evidence supporting tenant's claim that landlord negligently failed to process tenant's Section 8 rent subsidy application, we sustain the trial court's finding that tenant did not assert a viable counterclaim for damages. There was no showing that tenant was eligible to participate in the program (see 24 CFR §§ 982.201 and 982.202).

This constitutes the decision and order of the court.
Decision Date: December 07, 2005