Opinion
570004/05.
Decided March 28, 2006.
Tenant, as limited by his brief, appeals from that portion of an order of the Civil Court, New York County (Joseph E. Capella, J.), dated August 31, 2004, which, upon reargument, adhered to the court's prior order directing tenant to pay specified rent arrears and denying tenant's application for a rent abatement in a nonpayment summary proceeding.
Order (Joseph E. Capella, J.), dated August 31, 2004, affirmed, without costs.
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ.
No basis is shown to disturb the court's factual finding that no habitability impairing condition existed in tenant's apartment, a finding which was based upon the court's on-site inspection of the premises and which was consistent with the terms of the parties' "so-ordered" stipulations settling the underlying nonpayment proceeding.
This constitutes the decision and order of the court.