88-15 144 St. LLC v Lee

[*1] 88-15 144 St. LLC v Lee 2005 NY Slip Op 51586(U) [9 Misc 3d 130(A)] Decided on September 30, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: September 30, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.
2004-1540 Q C

88-15 144 St. LLC, Appellant,

against

Alfreda Lee, Respondent.

Appeal from a final judgment of the Civil Court of the City of New York, Queens County (James R. Grayshaw, J.), entered April 28, 2004. The final judgment, insofar as appealed from on the ground of inadequacy, awarded landlord, after a nonjury trial, possession and the sum of $801.79.

Final judgment unanimously modified by increasing the monetary award to landlord to the sum of $1,601.79; as so modified, affirmed without costs.

After landlord served a rent demand upon tenant, she left a letter for the building's superintendent setting forth repairs which were needed in her apartment. At trial, she testified that the items in need of repair, including a leak in her living room ceiling, were in need of repair for at least six months prior to the date she gave her letter to the superintendent. However, the documentary evidence produced by landlord demonstrated that landlord sent tenant multiple letters which requested access to tenant's apartment on multiple dates both prior and subsequent to the date on which tenant gave the letter to the superintendent and it was undisputed that landlord did not gain access to tenant's apartment. In addition, tenant testified that, due to her schedule, she was not at home between 6:30 A.M. and at least 7:00 P.M. In light of the foregoing, tenant was not entitled to a rent abatement (see Park West Mgt. Corp. v Mitchell, 47 NY2d 316 [1979]). Inasmuch as the court found that tenant owed rent in the sum of $1,601.79 prior to awarding tenant an $800 rent abatement, the monetary portion of the judgment must be increased to the sum of $1,601.79.
Decision Date: September 30, 2005