Schutz v Lanuto

[*1] Schutz v Lanuto 2007 NY Slip Op 50244(U) [14 Misc 3d 136(A)] Decided on February 7, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 7, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2005-1752 S C.

Carol Schutz, Respondent,

against

Melissa Lanuto, Appellant, -and- Ron Nedd, Undertenant.

Appeal from a final judgment of the District Court of Suffolk County, Sixth District (Gigi A. Spelman, J.), entered October 14, 2005. The final judgment, after a nonjury trial, awarded landlord possession and the sum of $400 in a nonpayment summary proceeding.

Final judgment affirmed without costs.

In this nonpayment summary proceeding, the court could properly find, based on the testimony at trial, that landlord made an oral demand for the balance due toward the September 2005 rent, and that the monthly rent was $800, not $400 as claimed by tenant. Accordingly, the court's determination on the issue of credibility will not be disturbed on appeal (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). Under the circumstances, the final judgment in favor of landlord is affirmed.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: February 7, 2007