Joan M. Bebry, LLC v Kruglova (2011 NY Slip Op 51674(U))
[*1]
Joan M. Bebry, LLC v Kruglova
2011 NY Slip Op 51674(U) [32 Misc 3d 143(A)]
Decided on September 12, 2011
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 12, 2011
SUPREME COURT OF THE STATE OF NEW
YORK
APPELLATE TERM: 2nd, 11th and 13th
JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2010-1535 Q C.
Joan M. Bebry, LLC, Respondent,
against
Marina Kruglova, Appellant, -and- "JOHN DOE" and "JANE DOE",
Undertenants.
Appeal from a final judgment of the Civil Court of the City of New York, Queens County
(Ulysses Bernard Leverett, J.), entered April 7, 2008. The final judgment, after a nonjury trial,
awarded landlord possession and the principal sum of $13,218.09.
ORDERED that the final judgment is affirmed, without costs.
In this nonpayment proceeding seeking rent for the period from January 2004 through
February 2008, tenant claimed that she had withheld the rent because landlord had breached the
warranty of habitability by failing to make repairs to her apartment. After a nonjury trial, the
Civil Court awarded landlord possession and the principal sum of $13,218.09.
Upon a review of the record, it is our opinion that the Civil Court properly determined the
warranty of habitability issue in favor of landlord. The testimony adduced at trial established that
tenant had denied access to landlord's repairmen to remedy the conditions complained of, and
that, once landlord had obtained access, the conditions were corrected (see 150-15th 79th Ave. Owners Corp. v