515 E. 81st LLC v Weston (2025 NY Slip Op 51000(U))
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515 E. 81st LLC v Weston
2025 NY Slip Op 51000(U) [86 Misc 3d 131(A)]
Decided on June 23, 2025
Appellate Term, First 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 June 23, 2025
SUPREME COURT, APPELLATE TERM, FIRST
DEPARTMENT
PRESENT: Brigantti, J.P., James, Perez, JJ.
570537/24
515 East 81st LLC,
Petitioner-Landlord-Appellant,
against
Diane Weston, Respondent-Tenant-Respondent, and
"John Doe" & "Jane Doe,"
Respondents-Occupants.
Landlord, as limited by its briefs, appeals from that portion of an order of the Civil
Court of the City of New York, New York County (Daniele Chinea, J.), entered on or
about February 2, 2024, after a nonjury trial, awarding tenant rent abatements of 30% for
the periods January 2018 through August 2021, and May 2022 through July 2023; 100%
for the period September 2021 through April 2022; and 30% for the period commencing
August 2023 through completion of required repairs.
Per Curiam.
Order (Daniele Chinea, J.), entered on or about February 2, 2024, modified to the
extent of vacating the breach of warranty of habitability rent abatements awarded for the
period January 2018 through August 2021, and the period commencing May 2022
through completion of required repairs, and ordering a new trial on the breach of
warranty of habitability counterclaim with respect to these specific time periods; as
modified, order affirmed, without costs.
A fair interpretation of the evidence supports the 100% rent abatement for the period
from September 2021 through April 2022, when tenant vacated the apartment so that