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July 31, 1995

LVT Number: 9933

Landlord sued tenant in small claims court for $1,800, representing two months' rent, after tenant moved out. Tenant claimed landlord owed him one month's security deposit and an abatement of one month's rent for breach of the warranty of quiet enjoyment, totalling $1,800. The court ruled against landlord altogether and ruled for tenant in the amount of $900. Landlord appealed. The appeals court ruled for landlord and reopened the case. The breach, if any, was made by landlord's managing agent, possibly outside the scope of his employment.

Landlord sued tenant in small claims court for $1,800, representing two months' rent, after tenant moved out. Tenant claimed landlord owed him one month's security deposit and an abatement of one month's rent for breach of the warranty of quiet enjoyment, totalling $1,800. The court ruled against landlord altogether and ruled for tenant in the amount of $900. Landlord appealed. The appeals court ruled for landlord and reopened the case. The breach, if any, was made by landlord's managing agent, possibly outside the scope of his employment. And the acts complained of didn't warrant a full rent abatement for the month in question.

Genega v. Morello: NYLJ, p. 29, col. 2 (7/12/95) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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