[*1]
Edmundson v Gateway Elton Owner 1
2024 NY Slip Op 51536(U) [84 Misc 3d 128(A)]
Decided on September 27, 2024
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 27, 2024
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : CHEREÉ A. BUGGS, J.P., WAVNY TOUSSAINT, MARINA CORA MUNDY, JJ
2023-801 K C

Debra Edmundson, Respondent,

against

Gateway Elton Owner 1, Appellant.


Gutman, Mintz, Baker & Sonnenfeldt, LLP (Sean A. Zvi of counsel), for appellant. Debra Edmundson, respondent pro se.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Nicholas W. Moyne, J.), entered December 15, 2022. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,011.20.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action against her landlord seeking, insofar as is relevant here, to recover, based upon a breach of the warranty of habitability (see Real Property Law § 235—b), all the rent she paid from February through September 2020. At a nonjury trial, she testified about two incidents, one in February 2020 and one in September 2020, where different individuals entered her apartment, without permission or warning, using keys that she had not given them. She testified that she immediately reported the first incident to defendant, but that her locks were not changed until after the second incident. After trial, the Civil Court (Nicholas W. Moyne, J.) found that plaintiff was entitled to a 30 percent abatement of her monthly rent for the eight-month period during which the locks of her apartment were compromised. A judgment was entered on December 15, 2022 awarding plaintiff the principal sum of $2,011.20.

In a small claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]).

Defendant's first argument on appeal, that plaintiff is not entitled to damages, is without merit. The warranty of habitability protects "against conditions that materially affect the health and safety of tenants or deficiencies that 'in the eyes of a reasonable person . . . deprive the tenant of those essential functions which a residence is expected to provide' ([Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 327, 328 (1979)] [emphasis supplied])" (Solow v Wellner, 86 NY2d 582, 588 [1995]). Here, a reasonable person would expect that the lock on their door would keep all unauthorized individuals out of their apartment (see Berg v Chelsea Hotel Owner, LLC, 203 AD3d 484 [2022] [lack of building security can be the basis for a determination that there has been a breach of the warranty of habitability]; Jobe v Chelsea Hotel Owner LLC,198 AD3d 440 [2021] [same]). Plaintiff demonstrated that she alerted defendant to the problem after the first incident in February and that her locks were not changed until September. Defendant has not demonstrated that a 30 percent abatement of plaintiff's rent during that time was not warranted.

Contrary to defendant's other appellate argument, the notice of claim complied with the applicable statute, CCA 1803 (a), which provides that small claims shall be commenced "without the service of any pleading other than a statement of his cause of action by the claimant or someone in his behalf to the clerk, who shall reduce the same to a concise, written form and record it in a docket kept especially for such purpose."

Under the circumstances, the judgment provided the parties with substantial justice (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

BUGGS, J.P., TOUSSAINT and MUNDY, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 27, 2024