Opinion
2005-1376 KC.
Decided March 9, 2006.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered on May 26, 2005. The judgment, after a consolidated nonjury trial, awarded Fairfield Presidential Associates the sum of $428.27, plus interest and costs.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
Lance Bing, a former tenant of Fairfield Presidential Associates (Fairfield), commenced an action against Fairfield and its management corporation to recover damages as a result of the alleged failure of Fairfield to provide repairs to the interior of his apartment as well as the exterior of his building, and for wrongful eviction. Fairfield, in a separate action, sought rental arrears from Bing for the months of February, March and April of 2003. The two matters were consolidated and tried jointly. Following the trial, the court found that Bing was entitled to an abatement of $2,200 which sum it offset against the $2,628.27 rent owed Fairfield. The court thus awarded judgment in favor of Fairfield in the net sum of $428.27.
On this appeal, Bing, in essence, contends that the court's abatement was insufficient and that he should be compensated for what he alleged was an illegal eviction. Initially, it should be noted that Bing's claim of illegal eviction was, as he acknowledged at trial, raised before Judge Alterman in a prior proceeding and found to be without merit. As to the abatement, as the trial court noted, the majority of evidence of disrepair presented by Bing was addressed to the exterior of the building and did not warrant a substantial abatement of rent. As to the interior of Bing's apartment, Fairfield's efforts to repair the violations were largely thwarted by Bing's admitted refusal to allow access. In view of the foregoing, we find no basis to increase the amount awarded by the court below as an abatement.
Pesce, P.J, Weston Patterson and Rios, JJ., concur.