Opinion
570022/06.
Decided July 14, 2006.
Landlord, as limited by its brief, appeals from that portion of a final judgment of the Civil Court, New York County (Ulysses B. Leverett, J.), entered on or about April 19, 2005, after a nonjury trial, which awarded tenants a rent abatement in the amount of $6,025 in a nonpayment summary proceeding.
Final judgment (Ulysses B. Leverett, J.), entered on or about April 19, 2005, affirmed, without costs.
PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
Civil Court properly resolved the habitability issues litigated below. There is ample support in the record for the trial court's determination that landlord breached the warranty of habitability in failing to provide tenants with an operable refrigerator and stove as well as failing to repair other defective conditions within tenant's apartment ( see Real Property Law § 235-b; Park W. Mgt. Corp. v. Mitchell, 47 NY2d 316, cert denied 444 US 992). The amount of the rent abatement was within reasonable limits and is not disturbed.
This constitutes the decision and order of the court.