930 Fifth Corp. v Shearman

[*1] 930 Fifth Corp. v Shearman 2009 NY Slip Op 50759(U) [23 Misc 3d 133(A)] Decided on April 22, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
570132/08
PRESENT: McKeon, P.J., Schoenfeld, J.

930 Fifth Corporation, Petitioner-Landlord-Respondent,

against

Martha Anne Shearman, Respondent-Tenant-Appellant, -and- John Betts, Respondent-Undertenant- Appellant.

Tenant and respondent Betts appeal from a final judgment of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered October 31, 2007, after a nonjury trial, which awarded petitioner-landlord possession and a recovery of maintenance arrears in a nonpayment summary proceeding.

Per Curiam.

Final judgment (Gerald Lebovits, J.), entered October 31, 2007, affirmed, with $25 costs.

The evidence, fairly interpreted, supports Civil Court's resolution of the habitability issues litigated below. We find no basis to disturb the court's fact and credibility laden determinations that any heating problem in tenant's apartment was caused solely by a malfunctioning heating unit, which under the terms of the proprietary lease, tenant was obligated to repair or replace, and that any roach or mice infestation in tenant's apartment resulted largely from her failure to grant reasonable access to landlord. We also agree that landlord is the prevailing party for purposes of attorneys' fees. Tenant's remaining arguments, to the extent preserved for appellate review, are lacking in merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: April 22, 2009