| Lirakis v 180 Seventh Ave. Assoc., LLC |
| 2007 NY Slip Op 50551(U) [15 Misc 3d 128(A)] |
| Decided on March 21, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered on or about May 2, 2006, after a nonjury trial, which awarded plaintiff the sum of $13,488.54 in a rent overcharge action.
PER CURIAM:
Judgment (Saliann Scarpulla, J.), entered on or about May 2, 2006, affirmed, with $25 costs.
We agree that defendant-landlord failed to establish the existence of improvements justifying the rent increase sought under Rent Stabilization Code (9 NYCRR) § 2522.4(a)(1) (see Matter of Birdoff & Co. v DHCR, 204 AD2d 630 [1994]). While defendant submitted a canceled check paid to a contractor, there was no indication on the face of the check that it was issued in connection with the subject apartment or the work allegedly undertaken therein by defendant. Nor did defendant submit an invoice from or elicit the testimony of the contractor (see e.g. Matter of Yorkroad Associates v DHCR, 19 AD3d 217 [2005]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 21, 2007