Tenant Didn't Submit Proof of Claims

January 1, 2004

LVT Number: 17084

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant, giving him a 100 percent rent abatement and dismissing the case. Landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Tenant's general claims that the halls were ''shot'' and the windows broken weren't enough to prove breach of the warranty of habitability. There must be detailed proof of the nature and extent of the conditions complained of and of the impact on tenant's use of his apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant, giving him a 100 percent rent abatement and dismissing the case. Landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Tenant's general claims that the halls were ''shot'' and the windows broken weren't enough to prove breach of the warranty of habitability. There must be detailed proof of the nature and extent of the conditions complained of and of the impact on tenant's use of his apartment. For example, it was unclear whether tenant's claim that windows were broken meant that they didn't open properly or that they were cracked or missing.

Liberti v. Fitzpatrick: NYLJ, 12/23/03, p. 30, col. 6 (App. T. 2 Dept.; Doyle, PJ, Winick, Skelos, JJ)

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