No Rent Abatement for Low-Flush Toilet
LVT Number: 11698
(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. He said that a low-flush toilet, which landlord had installed in accordance with DEP's Toilet Rebate Program, was defective. The court ruled against tenant. Tenant presented no sufficient proof that the toilet was defective.
Park Ave. Manhattan Assoc. v. Dayan: Index No. 115439/96 (3/6/97) (Civ. Ct. NY; Strauss, J) [2-page document]
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