Tenant Must Pay to Correct Violations

June 30, 2008

LVT Number: #20515

Landlord sued tenant in small claims court to recover cost of repairs needed to correct a violation placed on tenant's apartment. The trial court ruled for landlord. Tenant appealed, claiming that there was insufficient proof that he had caused the violations. The appeals court ruled against tenant. Tenant raised this issue for the first time on appeal, so the court couldn't consider it. And even if tenant's claim was considered, landlord proved at trial that tenant installed a slide lock on the apartment door without landlord's permission.

Landlord sued tenant in small claims court to recover cost of repairs needed to correct a violation placed on tenant's apartment. The trial court ruled for landlord. Tenant appealed, claiming that there was insufficient proof that he had caused the violations. The appeals court ruled against tenant. Tenant raised this issue for the first time on appeal, so the court couldn't consider it. And even if tenant's claim was considered, landlord proved at trial that tenant installed a slide lock on the apartment door without landlord's permission. Landlord also presented credible proof of reasonable repair costs.

East 117th Street LLC v. Vera: NYLJ, 6/10/08, p. 38, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)

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