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Joan M. Bebry, LLC v. Marina Kruglova

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


September 12, 2011

JOAN M. BEBRY, LLC,
RESPONDENT,
v.
MARINA KRUGLOVA,
APPELLANT,
-AND- "JOHN DOE" AND "JANE DOE",
UNDERTENANTS.

Appeal from a final judgment of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered April 7, 2008.

Joan M. Bebry, LLC v Kruglova

Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 12, 2011

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ

The final judgment, after a non-jury trial, awarded landlord possession and the principal sum of $13,218.09.

ORDERED that the final judgment is affirmed, without costs.

In this nonpayment proceeding seeking rent for the period from January 2004 through February 2008, tenant claimed that she had withheld the rent because landlord had breached the warranty of habitability by failing to make repairs to her apartment. After a non-jury trial, the Civil Court awarded landlord possession and the principal sum of $13,218.09.

Upon a review of the record, it is our opinion that the Civil Court properly determined the warranty of habitability issue in favor of landlord. The testimony adduced at trial established that tenant had denied access to landlord's repairmen to remedy the conditions complained of, and that, once landlord had obtained access, the conditions were corrected (see 150-15th 79th Ave. Owners Corp. v James, 31 Misc 3d 132[A], 2011 NY Slip Op 50606[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). Additionally, tenant failed to establish the severity of the conditions complained of constituting the alleged breach of the warranty of habitability (see Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979]; Anoula Realty Corp. v Weiss, 16 Misc 3d 133[A], 2007 NY Slip Op 51496[U] [App Term, 2d & 11th Jud Dists 2007]).

Tenant's remaining contentions are either unpreserved for appellate review or are without merit.

Accordingly, the final judgment is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: September 12, 2011

20110912

© 1992-2011 VersusLaw Inc.



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