abatement from May 2016 onwards. Conversely, on the Corporation's counterclaim for
breach of Contract, the Corporation is entitled to all maintenance fees, assessments, and
utilities charges as currently set forth in the Ledger (Defs Exh 20), subject to the
abatements above and any amounts paid by Plaintiff during the subject period. The
Corporation is also entitled to any $50.00 late fees and 1.5% monthly interest, as
currently set forth in the Ledger, (id.), from May 2010 onwards, subject to the
abatements above. All other items are disallowed.
Neither party is entitled to attorneys' fees. It is therefore
ORDERED that Plaintiff and the Corporation shall, by December 28, 2018, settle an
order consistent with this decision, returnable directly to the undersigned at the email
address previously utilized for submission of motions in limine; and it is
further
ORDERED that the Corporation shall, within 10 days of receipt of this order, serve a
copy of this order with notice of entry upon all parties.
This constitutes the decision and order of the Court.
Dated: October 5, 2018
New York, NY
______________________________
Dakota D. Ramseur, J.C.C.
Footnotes
Footnote 1:Supreme Court
transferred the action to Civil Court pursuant to CPLR § 325(d).
Footnote 2:Defendants also
impleaded Ari Group Inc., Marino Gerzounis & Jaffe Associates Inc., and
Cornerstone Architects, entities associated with the installation of an HVAC unit alleged
to have contributed to the conditions in Plaintiff's apartment. All three entities were
dismissed on motion for the reasons set forth on the record.
Footnote 3:For the reasons set forth
on the record, this Court awarded fees to Defendants based on Plaintiff's failure to appear