Tenant Can Raise Claim

July 31, 1995

LVT Number: 9928

Landlord sued tenant for breach of lease. Tenant had moved out without notice, owing landlord $6,450 in back rent. Tenant claimed breach of the warranty of habitability. Tenant was late in responding to landlord's court motion papers asking for details of tenant's claim. Landlord claimed that tenant therefore shouldn't be allowed to raise the issue. The court ruled against landlord on this issue and landlord appealed. The appeals court again ruled against landlord. Tenant had supplied the requested information, even if late, and there was no harm done to landlord.

Landlord sued tenant for breach of lease. Tenant had moved out without notice, owing landlord $6,450 in back rent. Tenant claimed breach of the warranty of habitability. Tenant was late in responding to landlord's court motion papers asking for details of tenant's claim. Landlord claimed that tenant therefore shouldn't be allowed to raise the issue. The court ruled against landlord on this issue and landlord appealed. The appeals court again ruled against landlord. Tenant had supplied the requested information, even if late, and there was no harm done to landlord.

Flagg Court Realty Co. v. McGuire: NYLJ, p. 33, col. 6 (7/7/95) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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