No Increase in Rent Abatement

June 30, 1994

LVT Number: 8935

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. After a lengthy trial and inspection of the building by the judge, the court awarded tenants a rent abatement. Tenants appealed, arguing that the abatement awarded was too low. Tenants lose. The trial judge personally inspected the building, and was in the best position to evaluate all the factual evidence. His finding shouldn't be reversed unless it's clearly wrong or based on insufficient supporting evidence.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. After a lengthy trial and inspection of the building by the judge, the court awarded tenants a rent abatement. Tenants appealed, arguing that the abatement awarded was too low. Tenants lose. The trial judge personally inspected the building, and was in the best position to evaluate all the factual evidence. His finding shouldn't be reversed unless it's clearly wrong or based on insufficient supporting evidence.

Matter of Thenebe: NYLJ, p. 28, col. 2 (6/27/94) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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