LGS REALTY PARTNERS LLC AND AHA REALTY PARTNERS LLC, pet-land-res v. WILLIAM KYLE, KATHRYN GILBERT AND MARY KYLE, res-tent-app

15-187-188. LGS REALTY PARTNERS LLC AND AHA REALTY PARTNERS LLC, pet-land-res v. WILLIAM KYLE, KATHRYN GILBERT AND MARY KYLE, res-tent-app — Final judgment (Sabrina B. Kraus, J.), entered on or about May 5, 2014, modified by awarding tenants a 25 percent rent abatement on their claim for breach of the warranty of habitability for the period April 1, 2008 though June 30, 2010 and by reducing landlord’s net recovery for rent to the sum of $73,715.01; as modified, final judgment, affirmed, without costs. Appeal from order (Phyllis K. Saxe, J.), entered on or about April 15, 2013, affirmed, without costs.

Upon our review of the record, we are satisfied that Civil Court properly resolved the rent and habitability issues relating to the period July 2010 through February 2014, and that an increase in the amount of the abatement awarded to tenants for this period is not warranted. A fair interpretation of the evidence supports the court’s express finding that tenant William Kyle “did not cooperate with [landlord's] attempts to make repairs, and that Kyle often interfered and prevented or prolonged the work to be done.” However, we conclude that tenants were entitled to an increase in the abatement for the period of April 1, 2008 though June 30, 2010, consistent with the abatement granted in the prior proceeding for the period through March 31, 2008 (see LGS Realty Partners LLC v. Kyle, 29 Misc 3d 44 [2010]). The rent impairing conditions that existed through March 31, 2008 were clearly not remedied by April 1, 2008, and the aforementioned wrongful conduct of tenant was not evident during this earlier (April 2008 through June 2010) period.