2301 7th Ave. HDFC v Hudgen-Grace

[*1] 2301 7th Ave. HDFC v Hudgen-Grace 2010 NY Slip Op 51874(U) [29 Misc 3d 130(A)] Decided on November 4, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 4, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., J.
570356/08

2301 7th Avenue HDFC, Petitioner-Landlord-Respondent,

against

Cassandra Hudgen-Grace and Willie Grace, Respondents-Tenants-Appellants.

Tenants, as limited by their brief, appeal from that portion of a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered August 5, 2008, after a nonjury trial, which awarded landlord a net money judgment in the principal sum of $9,120.00.

Per Curiam.

Final judgment (Jean T. Schneider, J.), entered August 5, 2008, insofar as appealed from, affirmed, without costs.

The rent abatement awarded by the court on tenants' breach of warranty of habitability claim was supported by the trial evidence and was within reasonable limits (see generally 540 E. 5th St. Equities, Inc. v Bosco, 23 Misc 3d 134[A], 2009 NY Slip Op 50780[U] [2009]). The court properly declined to award tenants punitive damages, since the trial evidence did not demonstrate that landlord's conduct rose to a "level of high moral culpability or indifference to civil obligations" (see Conversions for Real Estate, LLC v Granik, 12 Misc 3d 148[A], 2006 NY Slip Op 51611[U] [2006]; see also Ross v Louise Wise Servs. Inc., 8 NY3d 478 [2007]; cf. Minjak Co. v Randolph, 140 AD2d 245 [1988]). We have considered tenants' remaining arguments, including their contention that the person who verified the petition on behalf of landlord lacked the authority to do so (see 175 Rivington St. HDFC v Rodriguez, 2002 NY Slip Op 50090[U] [2002]), and find them unpersuasive.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: November 04, 2010