LGS REALTY PARTNERS v. KYLE

570775/08

29 Misc.3d 44 (2010)

909 N.Y.S.2d 859

LGS REALTY PARTNERS LLC et al., Respondents, v. WILLIAM KYLE et al., Appellants.

Supreme Court, Appellate Term, First Department.

Decided August 30, 2010.


Attorney(s) appearing for the Case

Robin H. Kyle , New York City, for appellants.

Robert Ehrlich , New York City, for LGS Realty Partners LLC, respondent.

McKEON, P.J., and HUNTER, JR., J., concur.


OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about April 23, 2008, modified to vacate the court's reduction of the warranty of habitability award by one third based upon landlord's purported mitigation of tenants' damages, and the matter remanded to Civil Court for entry of an amended judgment; as modified, affirmed, without costs. Order, dated May 12, 2008, affirmed, with $10 costs.

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