Tessler v Tessler

Tessler v Tessler 2011 NY Slip Op 00552 Decided on February 1, 2011 Appellate Division, First Department 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.

Decided on February 1, 2011
Tom, J.P., Mazzarelli, Renwick, Freedman, Manzanet-Daniels, JJ.
4140 570447/08

[*1]Akiva Tessler, Petitioner-Appellant,

v

Rina Tessler, Respondent-Respondent.




Akiva Tessler, appellant, pro se.
Snow Becker Krauss P.C., New York (Stanley Chinitz of
counsel), for respondent.

Order of the Appellate Term of the Supreme Court of the State of New York, First Department, entered on or about July 14, 2009, which, insofar as appealed from, affirmed the judgment of the Civil Court, New York County (Pam B. Jackman Brown, J.), entered on or about February 6, 2008, after a non-jury trial, inter alia, denying petitioner's request for use and occupancy damages, unanimously affirmed, without costs.

Under the circumstances of this case, including respondent's limited financial circumstances, the Civil Court acted within its
discretion in denying an award of an additional amount of use and occupancy permitted by the statute (RPAPL § 753[2]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 1, 2011

CLERK