| South Bronx Community Lemle Wolff, LLC v Chaney |
| 2013 NY Slip Op 51683(U) [41 Misc 3d 128(A)] |
| Decided on October 15, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York,
Bronx County (Brenda S. Spears, J.), entered July 18, 2012, after a nonjury trial, which
awarded landlord possession and a recovery of rent arrears in the principal sum of
$6,036.48 in a nonpayment summary proceeding.
Per Curiam.
Final judgment (Brenda S. Spears, J.), entered July 18, 2012, affirmed, without costs.
Upon review of the trial record, we are satisfied that Civil Court properly resolved the rent and habitability issues litigated below, and that an increase in the amount of the abatement awarded to tenant is not warranted. The laches defense advanced by tenant was properly rejected in light of the parties' litigation history and tenant's failure to demonstrate legal prejudice from the delay in commencement of the nonpayment proceeding (see Dante v 310 Assoc., 121 AD2d 332 [1986], lv denied 68 NY2d 607 [1986]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 15, 2013