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Natalio Cabizon, LLC v. Clark

Appellate Term of the Supreme Court of New York, First Department
Jun 4, 2004
2004 N.Y. Slip Op. 50632 (N.Y. App. Term 2004)

Opinion

570471/03.

Decided June 4, 2004.

Tenant appeals from a final judgment of the Civil Court, New York County, entered May 14, 2003 after trial (Michelle D. Schreiber, J.) awarding landlord possession and a money judgment in the sum of $1,890 in a nonpayment summary proceeding.

Final judgment entered May 14, 2003 (Michelle D. Schreiber, J.) affirmed, with $25 costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.


Civil Court properly resolved the rent and habitability issues litigated below. In particular, tenant's allegations of a water leak and related defective conditions were not proven and thus did not warrant a rent abatement. Nor did the trial court abuse its discretion in denying tenant's request for a further adjournment of the trial in light of the protracted nature of the proceedings and the previous adjournment granted to tenant to secure counsel (see, Balogh v. H.R.B. Caterers, 88 AD2d 136, 143).

This constitutes the decision and order of the court.


Summaries of

Natalio Cabizon, LLC v. Clark

Appellate Term of the Supreme Court of New York, First Department
Jun 4, 2004
2004 N.Y. Slip Op. 50632 (N.Y. App. Term 2004)
Case details for

Natalio Cabizon, LLC v. Clark

Case Details

Full title:NATALIO CABIZON, LLC, Petitioner-Landlord-Respondent, v. CARLOS CLARK…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 4, 2004

Citations

2004 N.Y. Slip Op. 50632 (N.Y. App. Term 2004)