Landlord Must Pay Damages

February 1, 1997

LVT Number: 11208

Tenants sued landlord to get repairs done. Landlord agreed in a stipulation to make repairs in six apartments that suffered fire damage, but then repeatedly refused to do so. The court made three contempt findings against landlord. Tenants then asked the court to award damages for their out-of-pocket expenses, attorney's fees and their pain and suffering. Landlord claimed that tenants suffered no actual loss. The court ruled for tenants. By law, tenants could recover damages for actual loss or injury, including pain and suffering. The court awarded tenants over $100,000 in attorney's fees.

Tenants sued landlord to get repairs done. Landlord agreed in a stipulation to make repairs in six apartments that suffered fire damage, but then repeatedly refused to do so. The court made three contempt findings against landlord. Tenants then asked the court to award damages for their out-of-pocket expenses, attorney's fees and their pain and suffering. Landlord claimed that tenants suffered no actual loss. The court ruled for tenants. By law, tenants could recover damages for actual loss or injury, including pain and suffering. The court awarded tenants over $100,000 in attorney's fees. The court also awarded tenants individual damages ranging from $14,500 to $48,000.

Quinn v. Kim: NYLJ, p. 26, col. 5 (1/15/97) (Civ. Ct. NY; Dankberg, J)

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