Opinion
2004-1200 N C.
Decided June 27, 2005.
Appeal by defendants from a small claims judgment of the District Court, Nassau County (S. Jaeger, J.), entered on March 8, 2004, which awarded plaintiff the sum of $2,285.55.
Judgment unanimously affirmed without costs.
Before: PRESENT: RUDOLPH, P.J, McCABE and COVELLO, JJ.
In a small claims action to recover for rent, utilities and repairs to premises, the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125, 126).
With regard to defendants' claim for an abatement due to mold in the basement of the building, in Solow v. Wellner ( 86 NY2d 582, 587-588), the court stated that "[p]ursuant to Real Property Law section 235-b, every residential lease contains an implied warranty which is limited by its terms to three covenants: (1) that the premises are 'fit for humans habitation', (2) that the premises are fit for 'the uses reasonably intended by the parties', and (3) that the occupants will not be subject to conditions that are 'dangerous, hazardous or detrimental to their life, health or safety'." Upon a review of the record, we find that the defendants, who resided on the first floor, have failed to show how their health or well being were affected by the mold in the basement ( see Chase v. Pistolese, 190 Misc 2d 477; see generally Martin v. 159 W. 80 St. Corp., 3 AD3d 439; Suarez v. Rivercross Tenants' Corp., 107 Misc 2d 135 [App Term, 1st Dept 1981]).