Tenant appeals from 1) an order of the Civil Court of the City of New York, New York County (Kevin C. McClanahan, J.), dated July 26, 2007, which granted landlord's motion to strike the jury demand and counterclaims interposed by tenant in a nonpayment summary proceeding, 2) an order, same court (Gerald Lebovits, J.), dated September 6, 2007, which, after a hearing, overruled the traverse, and 3) a final judgment, same court (Gerald Lebovits, J.), entered October 29, 2007, after a nonjury trial, which awarded landlord possession and a recovery of rent arrears in the sum of $12,499.07.

Per Curiam.

Final judgment (Gerald Lebovits, J.), entered October 29, 2007, affirmed, without costs. Appeals from orders dated July 26, 2007 (Kevin C. McClanahan, J.) and September 6, 2007 (Gerald Lebovits, J.), dismissed, without costs, as subsumed in the appeal from the final judgment.

According due deference to the trial court's factual findings and its assessment of the witnesses' credibility, we find no cause to disturb the court's resolution of the habitability issues litigated below. Based upon the trial evidence, including the parties' correspondence and the building superintendent's "very credible" testimony, the court was warranted in finding that tenant had obstructed the landlord's repair efforts by unreasonably denying access and that the landlord was in no way responsible for any interruption in tenant's utility service. Nor do we perceive any basis to disturb the traverse court's determinations as to the process server's credibility. We have considered and rejected tenant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 19, 2010