| Bellevue S. Assoc. v Torres |
| 2014 NY Slip Op 50143(U) [42 Misc 3d 137(A)] |
| Decided on February 6, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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,
New York County (Jean T. Schneider, J.), entered April 17, 2012, after a nonjury trial,
which awarded landlord possession and a recovery of rent arrears in the principal sum of
$3,398.50 in a nonpayment summary proceeding.
Per Curiam.
Final judgment (Jean T. Schneider, J.), entered April 17, 2012, affirmed, without costs.
Upon review of the trial record, we are satisfied that the trial court properly resolved the rent and habitability issues litigated below, and that an increase in the amount of the abatement awarded to the tenant is not warranted. The trial evidence, fairly interpreted, supports the court's express finding that the noise and vibration conditions were "not as severe" as tenant claimed. In the circumstances, the percentage amount of the abatement awarded by the court was within reasonable limits, and is not disturbed (see generally 540 E. 5th St. Equities, Inc. v Bosco, 23 Misc 3d 134[A], 2009 NY Slip Op 50780[U] [App Term, 1st Dept 2009]). Nor is there any basis to reduce the duration of the period covered by the abatement award. The record fully supports the court's denial of an abatement after March 2011, in view of tenant's admitted failure to provide access to landlord's engineering experts in accordance with the April 2011 stipulation entered into by the parties upon advice of counsel in the separate, but related Housing Part enforcement proceeding (see Malize v New York City Hous. Auth., 37 Misc 3d 138[A], 2012 NY Slip Op 52196[U] [App Term, 1st Dept 2012] cf. Wortman v Solil Mgt. Corp., 217 AD2d 466 [1995), and the record showing herein that petitioner-landlord filed a certificate of compliance tending to show that the violation was corrected by April 1, 2011.
We have considered tenant's remaining contentions and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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