North Town Roosevelt, LLC v Lloyd

[*1] North Town Roosevelt, LLC v Lloyd 2010 NY Slip Op 50344(U) [26 Misc 3d 141(A)] Decided on March 8, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 8, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.
570463/08

North Town Roosevelt, LLC, Petitioner-Landlord-Respondent,

against

Glen Lloyd, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Joseph Capella, J.), entered on or about June 4, 2008, after a nonjury trial, which awarded landlord a final judgment in the amount of $5,940.28.

Per Curiam.

Final judgment (Joseph Capella, J.), entered on or about June 4, 2008, affirmed, without costs.

Civil Court properly resolved the rent issues litigated below, appropriately rejecting the tenant's unsubstantiated assertion that landlord, through its (vaguely identified) agents, agreed to reduce or "waive" the rental amount reserved in the governing lease agreement. Tenant's present challenge to the validity of the lease agreement, raised for the first time on appeal, is not properly considered.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 08, 2010