No Rent Abatement for Tenant

July 31, 2010

LVT Number: #22794

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability and sought a rent abatement. The court ruled for landlord and against tenant after trial. Tenant appealed and lost. Correspondence between landlord and tenant, as well as the building super’s testimony, showed that tenant had unreasonably denied access to landlord for repairs, and that landlord was in no way responsible for any interruption in tenant’s utility service.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability and sought a rent abatement. The court ruled for landlord and against tenant after trial. Tenant appealed and lost. Correspondence between landlord and tenant, as well as the building super’s testimony, showed that tenant had unreasonably denied access to landlord for repairs, and that landlord was in no way responsible for any interruption in tenant’s utility service.

Fifty-Seven Associates, LP v. Feinman: NYLJ, 7/23/10, p. 33, col. 5 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter Jr., JJ)

Topics

More like this