| Sherman Assoc., LP v Russell |
| 2007 NY Slip Op 51879(U) [17 Misc 3d 127(A)] |
| Decided on October 4, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through October 5, 2007; it will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, Bronx
County (Jose Rodriguez, J.), entered January 24, 2007, which awarded landlord possession and a
recovery of rent arrears in the sum of $1,592.16 in a nonpayment summary proceeding.
Per Curiam.
Final Judgment (Jose Rodriguez, J.), entered January 24, 2007, affirmed, without costs.
No basis is shown to disturb the court's factual finding that no habitability impairing condition existed in tenant's apartment. Inasmuch as tenant's allegations of defective windows and related conditions were not proven, a rent abatement was not warranted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 4, 2007