| Rosewohl Enters., LLC v Schiffer |
| 2006 NY Slip Op 51373(U) [12 Misc 3d 141(A)] |
| Decided on July 14, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord, as limited by its brief, appeals from that portion of a final judgment of the Civil Court, New York County (Ulysses B. Leverett, J.), entered on or about April 19, 2005, after a nonjury trial, which awarded tenants a rent abatement in the amount of $6,025 in a nonpayment summary proceeding.
PER CURIAM:
Final judgment (Ulysses B. Leverett, J.), entered on or about April 19, 2005, affirmed, without costs.
Civil Court properly resolved the habitability issues litigated below. There is ample support in the record for the trial court's determination that landlord breached the warranty of habitability in failing to provide tenants with an operable refrigerator and stove as well as failing to repair other defective conditions within tenant's apartment (see Real Property Law §235-b; Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979], cert denied 444 US 992 [1979]). The amount of the rent abatement was within reasonable limits and is not disturbed.
This constitutes the decision and order of the court.
Decision Date: July 14, 2006