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Morrisania Apts., LLC v Rivera
2017 NY Slip Op 51381(U) [57 Misc 3d 141(A)]
Decided on October 23, 2017
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 23, 2017
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Ling-Cohan, Gonzalez, JJ.
570213/17

Morrisania Apartments, LLC Petitioner-Landlord-Appellant,

against

Deyna Rivera, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Steven Weissman, J.), dated June 24, 2016, after a nonjury trial, which awarded tenant a rent abatement in the amount of $807.75, thereby reducing the net money judgment in landlord's favor to the principal sum of $1,834.25 in a nonpayment summary proceeding.

Per Curiam.

Order (Steven Weissman, J.), dated June 24, 2016, 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 a decrease in the amount of the abatement award in tenant's favor is unwarranted. The credited testimony amply supported the court's detailed factual findings that tenant was subjected to rodent and vermin infestation, and recurrent leaks. The amount of the habitability abatement for the relevant five-month period was within reasonable limits (see generally Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979], cert denied 444 US 992 [1979]; Dumbadze v Saxon Hall Owner, LLC, 93 AD3d 756 [2012]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur

Decision Date: October 23, 2017