Tenant Denied Access to Fix Leaks

(Decision submitted by Edward Baer of the Manhattan law firm of Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. He claimed there'd been leaks in his apartment five times during the five years he lived there. The court ruled for landlord. Tenant wasn't specific about how long leaks had lasted. And landlord showed that prompt repairs were always made, except in the last instance of leaks. At that time, tenant wouldn't let landlord in to make repairs. Tenant claimed this was because landlord wanted to open up his ceiling to find the source of the leak. Tenant then moved out, and landlord promptly made the repairs. Since tenant had denied access, he can't get any rent abatement for breach of the warranty of habitability.

Park Holding Co. v. Wing: L&T Index No. 122261/92 (1/12/94) (Civ. Ct. NY; Wendt, J) [5-page document]