New Trial Required

September 30, 1996

LVT Number: 10962

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord, and tenant appealed. The appeals court reversed and sent the case back for a new trial. Tenant had claimed roach infestation and peeling paint that caused her grandchild to suffer lead poisoning. The trial court's ruling that tenant hadn't shown a breach of the warranty of habitability was contrary to the proof presented.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord, and tenant appealed. The appeals court reversed and sent the case back for a new trial. Tenant had claimed roach infestation and peeling paint that caused her grandchild to suffer lead poisoning. The trial court's ruling that tenant hadn't shown a breach of the warranty of habitability was contrary to the proof presented.

Rock Realty Co. v. Krotman: NYLJ, p. 29, col. 5 (9/27/96) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Aronin, JJ)

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