by petitioner landlord, Civil Court did not improvidently exercise its discre-
tion in denying respondent's request that petitioner move the furniture as
part of its duties to do the repairs. Moreover, the court could not read into
the stipulation obligations that are not provided for therein. Although
petitioner may have moved the furniture in the past, this was an accom-
modation that did not create a duty on petitioner's part to continue to as-
sume such obligation thereafter.
TOTAL CLIENT-SERVICE LIBRARYL REFERENCES
By the Publisher’s Editorial Sta
Am Jur 2d, Landlord and Tenant, §§ 1015, 1025, 1033.
NY Jur 2d, Landlord and Tenant, §§ 195–198, 201.
NY Real Prop Serv, §§ 76:47–76:51, 79:3.
70 190 MISCELLANEOUS REPORTS, 2d SERIES
ANNOTATION REFERENCE
See ALR Index under Landlord and Tenant.
APPEARANCES OF COUNSEL
Fricke & Solomon, P. C., Staten Island (Robert A. Solomon of
counsel), for appellant. Rappaport, Hertz, Cherson & Rosenthal,
P. C., Forest Hills (David I. Paul of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
Final judgment unanimously armed without costs.
We deem the appeal from the orders to be from the nal
judgment entered June 6, 2000 (see, CPLR 5520 [c]). The right
of direct appeal from the orders terminated with the entry of
the judgment (see, Matter of Aho, 39 NY2d 241, 248). The is-
sues raised on appeal from said orders are brought up for
review and have been considered on the appeal from the judg-
ment (CPLR 5501 [a] [1]).
[1] In this nonpayment proceeding, tenant asserted breach
of the warranty of habitability as an armative defense. The
parties thereafter entered into a ‘‘stipulation in settlement of
issues’’ providing in pertinent part that the landlord ‘‘inspect
and repair and replace as required by law: a) paint apt * * *