MRS Realty, LLC v Fermin (2006 NY Slip Op 50691(U))

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MRS Realty, LLC v Fermin

2006 NY Slip Op 50691(U) [11 Misc 3d 141(A)]

Decided on April 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 21, 2006

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, J.
570268/05

MRS REALTY, LLC, Petitioner-Landlord-Respondent,

against

DOMINGA FERMIN, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court, New York County (Timmie Erin Elsner, J.), entered January 28, 2005, after a nonjury trial, which awarded landlord possession and a recovery of rent arrears in the amount of $6890.74 in a nonpayment summary proceeding.

Per Curiam:

Final judgment (Timmie Erin Elsner, J.), entered January 28, 2005, affirmed, without costs.

Upon review of the trial record, we are satisfied that Civil Court properly resolved the rent and habitability issues litigated below, and that an increase in the amount of the abatement awarded to tenant is not warranted. The trial evidence, fairly interpreted, supports a finding that the repairs were substantially completed in April 2004, and
that no further complaints were made to landlord.

This constitutes the decision and order of the Court.
Decision Date: April 21, 2006