EB Mgt. Props., LLC v Maruf (2019 NY Slip Op 50813(U))
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EB Mgt. Props., LLC v Maruf
2019 NY Slip Op 50813(U) [63 Misc 3d 155(A)]
Decided on May 17, 2019
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 May 17, 2019
SUPREME COURT, APPELLATE TERM, SECOND
DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA,
JJ
2018-67 Q C
EB Management Properties, LLC,
Respondent,
against
Sultan Al Maruf, Appellant.
Sultan Al Maruf, appellant pro se.
Cooper & Paroff, P.C. (Ira G. Cooper of counsel), for respondent.
Appeal from a decision of the Civil Court of the City of New York, Queens County (Lydia
C. Lai, J.), dated June 22, 2017, deemed from a final judgment of that court entered June 23,
2017 (see CPLR 5512 [a]). The final judgment, entered pursuant to the decision, insofar as
appealed from as limited by the brief, after a nonjury trial, awarded landlord possession and the
sum of $16,019.64, and dismissed tenant's counterclaim for breach of the warranty of
habitability, in a nonpayment summary proceeding.
ORDERED that the final judgment, insofar as appealed from, is affirmed, without costs.
Insofar as is relevant to this appeal in this nonpayment proceeding, tenant interposed a
counterclaim for breach of the warranty of habitability, including a bedbug infestation, and water
collecting in the bedroom ceiling which led to a collapse of part of the ceiling. After a nonjury
trial, the Civil Court awarded landlord a final judgment of possession and, reflecting no