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RIVER PARK ASSOC. v. WIMS

Appellate Term of the Supreme Court of New York, First Department
Dec 7, 2005
2005 N.Y. Slip Op. 51984 (N.Y. App. Term 2005)

Opinion

570495/04.

Decided December 7, 2005.

Tenant appeals from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered September 16, 2004, after a nonjury trial, which awarded landlord possession in a nonpayment summary proceeding.

Final judgment (Brenda S. Spears, J.), entered September 16, 2004, affirmed, without costs.

PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.


In the absence of any record evidence supporting tenant's claim that landlord negligently failed to process tenant's Section 8 rent subsidy application, we sustain the trial court's finding that tenant did not assert a viable counterclaim for damages. There was no showing that tenant was eligible to participate in the program ( see 24 CFR §§ 982.201 and 982.202).

This constitutes the decision and order of the court.


Summaries of

RIVER PARK ASSOC. v. WIMS

Appellate Term of the Supreme Court of New York, First Department
Dec 7, 2005
2005 N.Y. Slip Op. 51984 (N.Y. App. Term 2005)
Case details for

RIVER PARK ASSOC. v. WIMS

Case Details

Full title:RIVER PARK ASSOCIATES, Petitioner-Respondent, v. SEAN WIMS…

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

Date published: Dec 7, 2005

Citations

2005 N.Y. Slip Op. 51984 (N.Y. App. Term 2005)
809 N.Y.S.2d 483