Malcolm X Apartments Inc. v. Allen
Cite as: Malcolm X Apartments Inc. v. Allen, 570256/11, NYLJ 1202580061803, at *1 (App. Tm., 1st, Decided August 30, 2012)
Before: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
Decided: August 30, 2012
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), entered February 3, 2011, after a nonjury trial, which awarded landlord possession and a recovery of rent arrears in the principal sum of $3,437 in a nonpayment summary proceeding.
Final judgment (Brenda S. Spears, J.), entered February 3, 2011, affirmed, without costs.
We find no cause to disturb the trial court's resolution of the rent issues litigated below. Tenant's claim that her rent payments were not properly credited is refuted by the record, which shows that the court carefully reviewed tenant's rent receipts and credited her for any payment not reflected on landlord's rent ledger.
The court's denial of tenant's application for an adjournment did not constitute an abuse of discretion in these circumstances, where tenant's need for an adjournment resulted from her own lack of due diligence in preparing for the scheduled trial (see 174 Second Equities, Corp. v. Hee Nam Bae, 57 AD3d 319, 321 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.