evaluate the testimony and demeanor of the witnesses affords it a better perspective from
which to assess their credibility (see Northern Westchester Professional Park Assoc. v
Town of Bedford, 60 NY2d 492, 499 [1983]; Hamilton v Blackwood, 85 AD3d 1116 [2011]; Zeltser v Sacerdote, 52 AD3d
824, 826 [2008]).
Here, the record established that tenants undertook and paid for repairs, for which
landlord was responsible under the terms of the lease, and are therefore entitled to
reimbursement for those repairs, including $206.39 for the sprinkler system, $117.32 for
a drainage issue in the driveway, and $160 for a leak in the garage.
Since tenant Margaret S. Scott failed to appear at trial, she is in default and cannot
appeal from the final judgment (see CPLR 5511). Thus, so much of the appeal as
was taken by tenant Margaret S. Scott must be dismissed. However, since, in this
holdover proceeding, tenants are united in interest, we do not limit the relief we grant to
the tenant who properly appealed (see Oakwood Terrace Hous. Corp. v Monk, 50 Misc 3d
141[A], 2016 NY Slip Op 50198[U] [App Term, 2d Dept, 9th & 10th Jud Dists
2016]; Priegue v Paulus, 43
Misc 3d 135[A], 2014 NY Slip Op 50662[U] [App Term, 2d Dept, 9th & 10th
Jud Dists 2014]).
Accordingly, the final judgment, insofar as appealed from, is modified by reducing
the award to landlord upon landlord's causes of action for arrears in rent and for use and
occupancy to the principal sum of $14,054.19, and by providing that tenants are
awarded, in addition to the principal sum of $7,500 upon their first counterclaim, and the
principal sum of $100 upon their third counterclaim, the principal sum of $483.71 upon
their second counterclaim, resulting in a net judgment in landlord's favor in the principal
sum of $5,970.48.