| New York City Hous. Auth. v Reichman |
| 2019 NY Slip Op 51506(U) [65 Misc 3d 127(A)] |
| Decided on September 20, 2019 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Carolyn Walker-Diallo, J.), entered November 29, 2018, after a nonjury trial, in favor of plaintiff and awarding it damages in the principal sum of $905.
Per Curiam.
Judgment (Carolyn Walker-Diallo, J.), entered November 29, 2018, affirmed, without costs.
The trial court's determination that plaintiff Housing Authority was entitled to recoup the $905 Section 8 subsidy paid to defendant-landlord for November 2013, is supported by a fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). The totality of the evidence before the trial court supported its express finding that the nonparty tenant "did not live in the qualified apartment" from November 1, 2013 to November 30, 2013, which was a requirement for entitlement to the subsidy (see 24 CFR 982.311[a], [d]; 24 CFR 982.453[b]; see also KST Realty LLC v Olatoye, 49 Misc 3d 934 [Sup Ct, NY County 2015]).
We have considered defendant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.