Opinion
570356/08.
Decided November 4, 2010.
Tenants, as limited by their brief, appeal from that portion of a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered August 5, 2008, after a nonjury trial, which awarded landlord a net money judgment in the principal sum of $9,120.00.
Final judgment (Jean T. Schneider, J.), entered August 5, 2008, insofar as appealed from, affirmed, without costs.
PRESENT: Schoenfeld, J.P., Hunter, Jr., J.
The rent abatement awarded by the court on tenants' breach of warranty of habitability claim was supported by the trial evidence and was within reasonable limits ( see generally 540 E. 5th St. Equities, Inc. v Bosco , 23 Misc 3d 134 [A], 2009 NY Slip Op 50780[U]). The court properly declined to award tenants punitive damages, since the trial evidence did not demonstrate that landlord's conduct rose to a "level of high moral culpability or indifference to civil obligations" ( see Conversions for Real Estate, LLC v Granik , 12 Misc 3d 148 [A], 2006 NY Slip Op 51611[U]; see also Ross v Louise Wise Servs. Inc. , 8 NY3d 478 ; cf. Minjak Co. v Randolph, 140 AD2d 245). We have considered tenants' remaining arguments, including their contention that the person who verified the petition on behalf of landlord lacked the authority to do so ( see 175 Rivington St. HDFC v Rodriguez, 2002 NY Slip Op 50090[U] [2002]), and find them unpersuasive.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.