MATTER OF 12-14 EAST 64TH OWNERS CORP. v. HIXON

14924, 570432/11

130 A.D.3d 425 (2015)

13 N.Y.S.3d 57

2015 NY Slip Op 05774

In the Matter of 12-14 EAST 64TH OWNERS CORP., Respondent, v. VERINA HIXON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 2, 2015.


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).

After a joint trial, the Housing Court issued an order, on November 20, 2009, which granted withheld maintenance payments...

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