No Punitive Damages

April 30, 1995

LVT Number: 9710

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court gave tenant some rent abatement based on the conditions in the apartment. Tenant appealed, claiming that he should get punitive damages. The appeals court ruled against tenant. There was no proof that landlord's conduct was motivated by malice or was so reckless or grossly negligent as to reach a criminal level

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court gave tenant some rent abatement based on the conditions in the apartment. Tenant appealed, claiming that he should get punitive damages. The appeals court ruled against tenant. There was no proof that landlord's conduct was motivated by malice or was so reckless or grossly negligent as to reach a criminal level

Brusco West 78 Street Associates v. Brenes: NYLJ, p. 25, col. 2 (4/25/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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