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92 Cooper Assoc. LLC v Pollack
2006 NY Slip Op 50466(U) [11 Misc 3d 134(A)]
Decided on March 28, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 28, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
570004/05.

92 Cooper Associates LLC, Petitioner-Landlord-Respondent,

against

George Pollack, Respondent-Tenant-Appellant.


Tenant, as limited by his brief, appeals from that portion of an order of the Civil Court, New York County (Joseph E. Capella, J.), dated August 31, 2004, which, upon reargument, adhered to the court's prior order directing tenant to pay specified rent arrears and denying tenant's application for a rent abatement in a nonpayment summary proceeding.


PER CURIAM:

Order (Joseph E. Capella, J.), dated August 31, 2004, affirmed, without costs.

No basis is shown to disturb the court's factual finding that no habitability impairing condition existed in tenant's apartment, a finding which was based upon the court's on-site inspection of the premises and which was consistent with the terms of the parties' "so-ordered" stipulations settling the underlying nonpayment proceeding.

This constitutes the decision and order of the court.
Decision Date: March 28, 2006