Tenant Denied Access

September 30, 1994

LVT Number: 9175

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had breached the warranty of habitability by not repairing defective conditions. Landlord argued that ten-ant had denied access so that it couldn't make the repairs. The trial court ruled for landlord, and dismissed the warranty of habitability claim. Tenant appealed, and the appeals court ruled for landlord. Tenant's claim was properly dismissed because he'd denied landlord access to the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had breached the warranty of habitability by not repairing defective conditions. Landlord argued that ten-ant had denied access so that it couldn't make the repairs. The trial court ruled for landlord, and dismissed the warranty of habitability claim. Tenant appealed, and the appeals court ruled for landlord. Tenant's claim was properly dismissed because he'd denied landlord access to the apartment.

Sickle Management Corporation v. Roque: NYLJ, p. 25, col. 1 (9/16/94) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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