Andujar v. Ng

73 Misc. 3d 145(A), 2021 NY Slip Op 51251(U)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: December 22, 2021
• Docket: 2018-2121 K C
• Status: Unpublished

Opinion

Andujar v Ng (2021 NY Slip Op 51251(U)) [*1]

Andujar v Ng

2021 NY Slip Op 51251(U) [73 Misc 3d 145(A)]

Decided on December 22, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2021

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2018-2121 K C

Elizabeth Andujar, Respondent,

against

Cheryl Howong Ng and Kwok Wah Ng, Appellants, Department of Housing Preservation and Development of the City of New York, Respondents.

Cheryl Howong Ng and Kwok Wah Ng, appellants pro se. The Department of Housing Preservation and Development (Housing Litigation Bureau), for respondents (no brief filed). Elizabeth Andujar, respondent pro se (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Jeannine B. Kuzniewski, J.), entered September 14, 2018. The judgment, insofar as appealed from as limited by the brief, after a nonjury trial, imposed civil penalties in favor of the Department of Housing Preservation and Development of the City of New York and against landlords in the amount of $2,000 in an HP proceeding.

ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.

Tenant commenced this HP proceeding seeking a finding of harassment, civil penalties, and an order directing the correction of violations. After a nonjury trial, the Civil Court found that landlords harassed tenant, in violation of Administrative Code of the City of New York §§ 27-2004 (a) (48) (b) and (a) (48) (g), by knowingly discontinuing essential services and causing an act which substantially interfered with and intentionally disturbed tenant's comfort and peace. Landlords appeal, as limited by their brief, from so much of a judgment entered September 14, 2018 as imposed a civil penalty against them in the amount of $2,000.

In reviewing a determination made after a nonjury trial, this court gives substantial deference to the determination of a trier of fact as to issues of credibility, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Northern Westchester Professional [*2]Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Hamilton v Blackwood, 85 AD3d 1116 [2011]; Zeltser v Sacerdote, 52 AD3d 824, 826 [2008]). Here, the Civil Court's finding of harassment is supported by the record and landlords have demonstrated no basis to disturb it. Civil penalties may be imposed upon a finding of harassment (see NY City Housing Maintenance Code [Administrative Code of City of NY] §§ 27-2004, 27-2005 [d]; 27-2115 [m] [2]; see also Allen v 219 24th St. LLC, 67 Misc 3d 1212[A], 2020 NY Slip Op 50513[U] [Civ Ct, NY County 2020]).

Accordingly, the judgment, insofar as appealed from, is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2021