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Zevrone Realty Corp. v Dorsey
2008 NY Slip Op 52256(U) [21 Misc 3d 137(A)]
Decided on November 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 7, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570953/05.

Zevrone Realty Corp., Petitioner-Landlord-Respondent,

against

Sandra Dorsey, Respondent-Tenant-Appellant.08-004


In consolidated appeals, tenant appeals from 1) a final judgment of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered November 21, 2003, after a nonjury trial, awarding possession and a money judgment of $4,419.92 to landlord in a nonpayment summary proceeding, and 2) a final judgment of the same court (Marian C. Doherty, J.), entered May 9, 2006, after a nonjury trial, awarding possession and a net money judgment of $12,900.94 to landlord in a nonpayment summary proceeding.


Per Curiam.

Final judgments entered November 21, 2003 (Julia I. Rodriguez, J.) and May 9, 2006 (Marian C. Doherty, J.), affirmed, with one bill of $25 costs.

Civil Court properly resolved the rent and habitability issues litigated below. Based upon the evidence presented, and giving proper effect to the tenant's prior stipulated agreement to execute the series of renewal leases, landlord established entitlement to collect monthly rent of $689.52 commencing January 2002 and all subsequent stabilization increases. The amount of the habitability abatement awarded to tenant was supported by the trial evidence and was within reasonable limits.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 07, 2008