Westhattan Corp. v Wong (2013 NY Slip Op 52188(U))
[*1]
Westhattan Corp. v Wong
2013 NY Slip Op 52188(U) [42 Misc 3d 130(A)]
Decided on December 19, 2013
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 December 19, 2013
SUPREME COURT, APPELLATE TERM, FIRST
DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
13-340.
Westhattan Corp.,
Petitioner-Landlord-Appellant,
against
Timothy Wong, Respondent-Tenant-Respondent.
Landlord appeals from a final judgment of the Civil Court of the City of New York,
New York County (Jack Stoller, J.), after a nonjury trial, entered on or about April 15,
2013, which dismissed the petition in a nonpayment summary proceeding, and awarded
tenant a net money judgment in the principal sum of $6,535.78 on his first and second
counterclaims.
Per Curiam.
Final judgment (Jack Stoller, J.), entered on or about April 15, 2013, affirmed, with
$25 costs.
Upon review of the trial record, we are satisfied that the trial court properly resolved
the rent and habitability issues litigated below, and that a decrease in the amount of the
abatement awards in tenant's favor is unwarranted. The credited testimony and
photographic evidence amply supported the court's detailed factual findings that tenant
was subjected to recurrent leaks in his apartment over a period of approximately three
years - resulting on one occasion in the collapse of the living room ceiling - as well as
rodent infestation, a broken front door and kitchen window, and persistent heating
problems. The evidence further established that landlord had notice of the complained of