Tenant Didn't Prove Pizza Fumes Made Apartment Uninhabitable

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Tenant argued that fumes from a pizzeria on the ground floor of the building created hazardous conditions. The court ruled against tenant. Tenant showed no proof that heat, smoke, or fumes coming from the pizzeria made her apartment uninhabitable. HPD inspectors also found no proof of heat, fumes, or odors. Contrary to tenant's statements, the restaurant's ovens weren't located below her apartment, and the pizzeria's vent wasn't directly in front of her window.

56 Mac D. Inc. v. Gravine: L&T Index No. 63289/98 (4/21/99) (Civ. Ct. NY; Soto, J) [4-pg. doc.]