New Trial Required on Tenant's Claim

December 1, 1997

LVT Number: 11983

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant and granted him a complete rent abatement for a period of almost three years because the apartment conditions tenant complained of constituted building violations. Landlord appealed, and the appeals court ruled for landlord and sent the case back for a new trial. The building violations in question were based both on apartment remodeling, which landlord claimed was done by tenant, and leaks, which weren't caused by tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant and granted him a complete rent abatement for a period of almost three years because the apartment conditions tenant complained of constituted building violations. Landlord appealed, and the appeals court ruled for landlord and sent the case back for a new trial. The building violations in question were based both on apartment remodeling, which landlord claimed was done by tenant, and leaks, which weren't caused by tenant. A new trial was needed to determine which conditions caused a breach of the warranty of habitability. The violations themselves didn't automatically create a breach of the warranty.

Stahl Assocs. Co. v. France: NYLJ, p. 25, col. 3 (11/7/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, McCooe, JJ)

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