No Proof of Defective Windows

October 31, 2007

LVT Number: #19956

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that warranted a rent abatement. The court ruled against tenant. Tenant appealed and lost. The trial court properly found that there was no condition that breached the warranty of habitability. Tenant didn't prove his claim that there were defective windows in the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that warranted a rent abatement. The court ruled against tenant. Tenant appealed and lost. The trial court properly found that there was no condition that breached the warranty of habitability. Tenant didn't prove his claim that there were defective windows in the apartment.

Sherman Associates, LP v. Russell: NYLJ, 10/11/07, pg. 35, col. 4 (App. T. 1 Dept.; McCooe, JP, Schoenfeld, Heitler, JJ)

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