Court Grants Limited Discovery for Tenant Who Claims Breach of Warranty of Habitability

LVT Number: #33246

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord breached the warranty of habitability and asked the court for permission to conduct discovery. The court ruled for tenant in part, finding that limited discovery could clarify issues at trial, and directed landlord to produce certain documents relating to tenant's claims about mold in the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord breached the warranty of habitability and asked the court for permission to conduct discovery. The court ruled for tenant in part, finding that limited discovery could clarify issues at trial, and directed landlord to produce certain documents relating to tenant's claims about mold in the apartment.

Eltorai v. Healy: 2024 NY Slip Op 50541(U), 82 Misc.3d 1245(A)(Civ. Ct. Queens; 5/8/24; Guthrie, J)