Tenant Didn't Prove Existence of Water Leaks

June 30, 2004

LVT Number: 17461

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and awarded no rent abatement. Tenant appealed and lost. Tenant didn't prove that there were water leaks and other related conditions. So the lower court properly denied any rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and awarded no rent abatement. Tenant appealed and lost. Tenant didn't prove that there were water leaks and other related conditions. So the lower court properly denied any rent abatement.

Natalio Cabizon LLC v. Clark: NYLJ, 6/11/04, p. 29, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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