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IN RE 12-14 EAST 64TH OWNERS CORP., pet-res, v. VERINA HIXON, res-res

14924. IN RE 12-14 EAST 64TH OWNERS CORP., pet-res, v. VERINA HIXON, res-res — Wagner Berkow LLP, New York (Ian J. Brandt of counsel), for ap — Phillips Nizer LLP, New York (David A. Pellegrino of counsel), for res — Order of the Appellate Term of the Supreme Court, First Department, entered on or about February 1, 2013 which affirmed as modified, a judgment of Civil Court, New York County (Jean T. Schneider, J.), entered November 20, 2009, after a nonjury trial, in petitioner cooperative's favor, unanimously affirmed, without costs.

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14924. IN RE 12-14 EAST 64TH OWNERS CORP., pet-res, v. VERINA HIXON, res-res — Wagner Berkow LLP, New York (Ian J. Brandt of counsel), for ap — Phillips Nizer LLP, New York (David A. Pellegrino of counsel), for res — Order of the Appellate Term of the Supreme Court, First Department, entered on or about February 1, 2013 which affirmed as modified, a judgment of Civil Court, New York County (Jean T. Schneider, J.), entered November 20, 2009, after a nonjury trial, in petitioner cooperative’s favor, unanimously affirmed, without costs.

This appeal arises from a nonpayment proceeding to recover unpaid maintenance withheld by respondent following a flood in her apartment. The proceeding was tried jointly and substantively consolidated with a holdover proceeding brought by the cooperative against respondent in Civil Court, New York County (Jean T. Schneider, J.) (the Housing Court).

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