Respondent appeals from the order of the Appellate Term, First Department, entered on or about December 4, 2007, which, in effect, modified the order of Civil Court, New York County (Jean T. Schneider, J.), entered on or about September 29, 2006, after a non-jury trial, directing judgment in respondent tenant's favor, to the extent of awarding possession of the apartment to petitioner landlord, declaring that landlord is entitled to a rent increase above the $2,000 luxury decontrol threshold for improvements and remanding the matter to Civil Court for a determination of the rent arrears owed by tenant to landlord.
The opinion of the court was delivered by: McGUIRE, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
David B. Saxe, J.P., John W. Sweeny, Jr., James M. McGuire, Dianne T. Renwick and Helen E. Freedman, JJ.
Jemrock Realty Co. LLC (landlord) owns an apartment building at 210 West 101st Street in Manhattan. On January 31, 2004, a long-time, rent-regulated tenant vacated apartment 16E of the building. Landlord, through its managing agent, retained a contractor to perform work in the apartment to prepare it for a new tenant. According to the managing agent's director of leasing, Higgins, who supervised all repairs in the building, the apartment was in "pretty bad condition" after the long-time tenant vacated it, and she prepared an extensive punch list delineating the work that she wanted the contractor to perform.
The punch list specified the following work:
— "very heavy wall prep" throughout the apartment
— plastering and painting of the entire apartment
— refinishing of all hardwood floors in the apartment
— replacing all wall and baseboard moldings, closet fittings, electrical outlets and switches, and lighting fixtures in the apartment
— installing new door frames, radiator covers, and air conditioner outlets throughout the apartment, and a circuit breaker panel
— rewiring of the entire apartment
— replumbing of the entire apartment
— removing all rubbish and debris from the apartment
— installing ceramic tile flooring, counter tops, drop ceiling, a sink, and new appliances (stove, refrigerator, microwave and dishwasher) in the kitchen
— removing and replacing all kitchen cabinets
— repairing kitchen underflooring
— removing and replacing all floor and wall tiles in both of the apartment's bathrooms
— installing a new sink and toilet in both bathrooms
— replacing all of the shower and sink fixtures (e.g., shower heads, ...