No Abatement After Landlord Discontinued Use of Rear Yard

August 31, 1999

LVT Number: 13507

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had deprived him of a required service by discontinuing access to the rear yard. The court ruled for tenant in part, giving him a rent abatement. Landlord appealed and won. The rear yard was accessible only from a public hallway and exit door. It wasn't part of tenant's apartment.

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had deprived him of a required service by discontinuing access to the rear yard. The court ruled for tenant in part, giving him a rent abatement. Landlord appealed and won. The rear yard was accessible only from a public hallway and exit door. It wasn't part of tenant's apartment. So it wasn't a service for which tenant could get a rent cut after landlord installed a panic bar lock on the exit to improve building security.

Capit Realty Co. v. Murphy: NYLJ, p. 22, col. 3 (8/10/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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