Ordway Holdings, LLC v Pugmire

[*1] Ordway Holdings, LLC v Pugmire 2015 NY Slip Op 50246(U) Decided on March 2, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 2, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
570498/14

Ordway Holdings, LLC, Petitioner-Landlord-

against

John Pugmire and Helen Pugmire, "John Doe" and "Jane Doe" Respondents-Tenants-Appellants.

Tenants, as limited by their briefs, appeal from (1) a decision and order (one paper) of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered June 19, 2013, and a final judgment of the same court and judge, entered June 20, 2013, which, after a nonjury trial, awarded landlord possession and a recovery of rent arrears in the principal sum of $22,142.48 in a nonpayment summary proceeding, and (2) so much of an order (same court and judge), entered October 28, 2013, as determined that landlord was entitled to attorneys' fees as the prevailing party.

Per curiam.

Final judgment, entered June 20, 2013, and order, entered October 28, 2013 (David J. Kaplan, J.), affirmed, with one bill of $25 costs, for the reasons stated by David J. Kaplan, J., at Civil Court. Appeal from decision and order (one paper), entered June 19, 2013 (David J. Kaplan, J.), dismissed, without costs, as subsumed in the appeal from the final judgment.

Upon review of the voluminous trial record, we are satisfied that the trial court properly resolved the rent and habitability issues litigated below, and that an increase in the amount of the habitability abatement awarded to tenants is unwarranted. A fair interpretation of the evidence supports the court's express finding that tenants "set forth a litany or prerequisites to providing access . . . [that] became so burdensome and overbearing that it paralyzed [landlord's] diligent efforts to effectuate the needed repairs," and that landlord corrected the rent impairing conditions "as soon as proper access was afforded."

Landlord, as prevailing party, is entitled to recover reasonable attorney's fees under the governing lease agreement (see Excelsior 57th Corp. v Winters, 227 AD2d 146 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: March 02, 2015