Brookwood Mgt. Co. v Melius (2007 NY Slip Op 50247(U))
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Brookwood Mgt. Co. v Melius
2007 NY Slip Op 50247(U) [14 Misc 3d 137(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2006-418 S C.
Brookwood Management Company, Respondent,
against
Robert Melius, Appellant.
Appeal from a final judgment of the District Court of Suffolk County, Fifth District (James P. Flanagan, J.), entered July 28, 2005. The final judgment, after a nonjury trial, awarded landlord possession and the principal sum of $2,280.78 in a nonpayment summary proceeding.
Final judgment affirmed without costs.
In this nonpayment proceeding, tenant claimed that he withheld rent because landlord breached the warranty of habitability by failing to make certain repairs to his apartment. However, the proof at trial showed that tenant denied access to landlord's repairmen to remedy the conditions complained of, and that, once access was granted, the repairmen corrected the conditions. Under the circumstances, the court properly determined that tenant was not entitled to an abatement (see Callender v Titus, 4 Misc 3d 126[A], 2004 NY Slip Op 50608[U] [App Term, 2d & 11th Jud Dists]; see also West 122nd St. Assoc. v Gibson, 5 Misc 3d 137[A], 2004 NY Slip Op 51578[U] [App Term, 1st Dept]).
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: February 7, 2007