Opinion
No. 570128/13.
2013-08-9
Agnes Ines THEODOLI and Phillips H. Clarke, III, Plaintiffs–Appellants, v. 170 EAST 77TH 1 LLC, 170 East 77th 2 LLC, 170 East 77th 3 LLC, 170 East 77th 4 LLC, 170 East 77th 5 LLC, 170 East 77th 6 LLC, 170 East 77th Realty Group LLC, Dominion Property Group LLC, Dominion Realty Corporation and William J. Diamond, Defendants–Respondents, 170 East 77th 1 LLC, 170 East 77th 2 LLC, 170 East 77th 3 LLC, 170 East 77th 4 LLC, 170 East 77th 5 LLC, 170 East 77th 6 LLC, 170 East 77th Realty Group LLC, as Tenants in Common, Plaintiffs–Respondents, Agnes Ines Theodoli and Phillips H. Clarke, III, Defendants–Appellants.
Despite the survival of at least a portion of appellants' habitability claims, we nonetheless sustain the grant of summary judgment in favor of the corporate respondents on their rent claim underlying action number 2. Any further delay in payment of the substantial (over $106,000), unabated rent arrears is unjustified in the particular circumstances of this case, in view of appellants' admission that they did not reside in the apartment premises for much of the relevant time period ( see Halkedis v. Two E. End Ave. Apt. Corp., 161 A.D.2d 281 [1990],lv denied76 N.Y.2d 711 [1990] ) and the fact that possession is no longer at issue ( see R.V.R. Realty, LLC v. Tenants Alliance, 305 A.D.2d 289, 290 [2003] ), appellants having previously purchased and sold the condominium apartment unit, apparently reaping a tidy profit.