540 E. 5th St. Equities, Inc. v Bosco
Annotate this CaseDecided on April 23, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.
570226/08
540 E. 5th Street Equities, Inc., Petitioner-Landlord-Respondent,
against
Paul Bosco, Respondent-Tenant-Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County
(Anil C. Singh, J.), dated January 31, 2007, which denied his motion to set aside the jury's rent
abatement award on his breach of warranty of habitability defense as inadequate.
Per Curiam.
Order (Anil C. Singh, J.), dated January 31, 2007, affirmed, with $10 costs.
The amount of rent abatement awarded by the jury on tenant's breach of warranty of
habitability claim was supported by the trial evidence and was within reasonable limits. No basis
is shown to disturb the jury's award on this record, and in view of the sharply disputed factual
issues put before the jury with respect to the nature and duration of the apartment conditions, and
the sufficiency of
the notice and access given by tenant.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 23, 2009
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