| Szczypien v A.J. Clarke Mgt. |
| 2008 NY Slip Op 50939(U) [19 Misc 3d 141(A)] |
| Decided on May 7, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff, as limited by her briefs, appeals from that portion of a judgment of the Civil Court
of the City of New York, New York County (Ernest J. Cavallo, J.), entered September 11, 2006,
after a nonjury trial, which dismissed her cause of action for breach of the covenant of quiet
enjoyment and limited her recovery for breach of the warranty of habitability to the sum of
$2,800.
PER CURIAM:
Judgment (Ernest J. Cavallo, J.), entered September 11, 2006, affirmed, without costs.
Plaintiff-tenant's cause of action for breach of the covenant of quiet enjoyment was properly dismissed, in the absence of the requisite showing that any actions on the part of defendant-landlord resulted in an actual or constructive eviction from the apartment premises in which plaintiff at all times remained in full possession (see Jerulee Co. v Sanchez, 43 AD2d 328, 329 [2007], lv denied 9 NY3d 815 [2007]). The amount of the damage award on plaintiff's warranty of habitability claim was supported by the trial evidence and within reasonable limits.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 7, 2008