Strategic Dev., LLC v Benner (2012 NY Slip Op 51352(U))
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Strategic Dev., LLC v Benner
2012 NY Slip Op 51352(U) [36 Misc 3d 135(A)]
Decided on July 13, 2012
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 July 13, 2012
SUPREME COURT, APPELLATE TERM, SECOND
DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-1974 K C.
Strategic Development, LLC, Appellant,
—
against
Joseph Benner, Respondent.
Appeal, on the ground of inadequacy, from a decision of the Civil Court of the City of New
York, Kings County (Marcia J. Sikowitz, J.), dated November 23, 2010, deemed from a final
judgment of the same court entered November 23, 2010 (see CPLR 5512 [a]). The final
judgment, after a nonjury trial, awarded landlord possession and the principal sum of $1,593.46
in a nonpayment summary proceeding.
ORDERED that the final judgment is affirmed, without costs.
As a defense in this residential nonpayment proceeding, tenant alleged that the warranty of
habitability had been breached due to ongoing leaks from the ceiling of his top-floor studio
apartment. The evidence at a nonjury trial established that the leaks had begun in October 2008
and that the apartment continued to sustain damage from the leaks through September 2010.
After trial, the Civil Court found that tenant was entitled to a 60% abatement in rent for April
2009 through September 2010, for a total abatement of $10,123.15, and awarded landlord
possession and the principal sum of $1,593.46. Landlord appeals on the ground of inadequacy,