Appeal from a final judgment of the City Court of Mount Vernon, Westchester County (Helen M. Blackwood, J.), entered November 29, 2011. The final judgment, after a nonjury trial, dismissed the petition in a nonpayment summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

After a nonjury trial of this residential nonpayment proceeding, the City Court found that tenants were entitled to a 100% rent abatement due to various conditions in the apartment. Accordingly, it dismissed the petition.

In "ascertaining damages [for a breach of the warranty of habitability], the finder of fact must weigh the severity of the violation and duration of conditions giving rise to
the breach as well as the effectiveness of steps taken by the landlord to abate those conditions" (Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 329 [1979]). The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). The determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). Upon a review of the record, we find no basis to disturb the City Court's credibility determinations.

In view of the foregoing, and since landlord's remaining contention is without merit, the final judgment is affirmed.

Nicolai, P.J., Iannacci and Tolbert, JJ., concur.
Decision Date: December 17, 2013