Did Landlord Respond Sufficiently to Bedbug Condition?
LVT Number: #30867
Tenant sued landlord due to bedbug infestation in his apartment. He claimed that the problem began in 2015, although he didn't bring his lawsuit until 2018, after new landlord bought the building in 2017. Tenant claimed negligence by landlord, negligent infliction of emotional distress, breach of the warranty of habitability, constructive eviction, and punitive damages. Landlord claimed that it took appropriate steps to address the issue once raised by tenant, and asked the court to dismiss the case.
The court ruled for landlord in part. Landlord wasn't responsible for any acts or damages that occurred before Aug. 31, 2017, when it bought the building. But a trial was needed to determine whether landlord took reasonable steps to address tenant's bedbug complaints. The court severed and dismissed tenant's claims based on negligent infliction of emotional distress, constructive eviction, and punitive damages. The court denied tenant's request for summary judgment.
Manette v. 5537-225 W. 23rd & 220 W. 24th St. Manhattan LLC: Index No. 157363/2018, 2020 NY Slip Op 39100(U)(Sup. Ct. NY; 6/16/20; Bluth, J)