Wessel v. Sichel
Opinion of the Court
—Order of the Supreme Court, New York County (Alice Schlesinger, J.), entered on or about June 25, 1996, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint.
Plaintiff tenant commenced this action against defendant landlord and the landlord’s agents in August 1991, alleging that defendants, while conducting repairs of his kitchen and bathroom between February and August 1991, had rendered his apartment uninhabitable for an improperly lengthy period, had allowed several items and cash to be stolen, and had constructively evicted him from the premises. Alleging that these acts were in retaliation for a rent reduction ordered by the State Division of Housing and Community Renewal (DHCR) in a proceeding 18 months earlier, plaintiff sought compensa
We reverse. Plaintiff’s conclusory statements in his affidavit and deposition fail to address with any particularity or persuasiveness his claim that the repair work upon the apartment was purposefully delayed by defendants. As plaintiff has failed to present any material evidence on this or any other issue raised in the complaint, defendants’ motion for summary judgment should be granted (Rotuba Extruders v Ceppos, 46 NY2d 223, 231). Concur—Murphy, P. J., Milonas, Nardelli and Andrias, JJ.
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