Tenant Can't Get Judgment Against City for Breach

June 30, 1993

LVT Number: 8031

Landlord City of New York sued to evict tenant, and asked the court to award use and occupancy. Tenant claimed breach of the warranty of habitability. The court dismissed tenant's claim. Tenant didn't use this issue as a defense, but made a counterclaim. Since tenant didn't comply with the notice requirements in NYC Administrative Code section 7-201, tenant couldn't get a judgment against the city for repairs.

Landlord City of New York sued to evict tenant, and asked the court to award use and occupancy. Tenant claimed breach of the warranty of habitability. The court dismissed tenant's claim. Tenant didn't use this issue as a defense, but made a counterclaim. Since tenant didn't comply with the notice requirements in NYC Administrative Code section 7-201, tenant couldn't get a judgment against the city for repairs.

City of New York v. Candelario: NYLJ, p. 26, col. 2 (6/2/93) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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