Former Tenant Gets No Reimbursement for Food Costs During Gas Outage

May 20, 2020

LVT Number: #30750

Tenant sued former landlord in small claims court, seeking the return of her $2,000 security deposit, along with reimbursement of another $3,000 for costs she incurred for takeout food during five months that there was no gas service to her apartment stove. Landlord counterclaimed for $5,000, representing alleged loss of use of property and $2,000 in unpaid rent. The court ruled against both sides. Tenant appealed and lost. The appeals court found that the trial court rendered substantial justice between the parties and dismissed the appeal.

Tenant sued former landlord in small claims court, seeking the return of her $2,000 security deposit, along with reimbursement of another $3,000 for costs she incurred for takeout food during five months that there was no gas service to her apartment stove. Landlord counterclaimed for $5,000, representing alleged loss of use of property and $2,000 in unpaid rent. The court ruled against both sides. Tenant appealed and lost. The appeals court found that the trial court rendered substantial justice between the parties and dismissed the appeal.

McCann v. Tarnowski: Index No. 2018-2400, 2020 NY Slip Op 50458(U)(App. T. 2 Dept.; 4/24/20; Aliotta, PJ, Elliot, Toussaint, JJ)

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