Tenant Presented No Proof of Claimed Damage to Her Personal Property

Former tenant sued landlord, claiming that landlord damaged tenant's personal property, in violation of their lease agreement and the implied warranty of habitability. The City Court ruled for tenant and awarded her $14,000 in damages. Landlord appealed and won. Tenant's lease stated that tenant could recover for property damage only if caused by landlord's "gross negligence." And "consequential damages," such as property damage, aren't recoverable based on breach of the warranty of habitability. And, to the extent that tenant's claim was based on landlord's negligence, it was time-barred. Tenant was aware of mold damage to her personal property by at least Sept. 6, 2013, which was more than three years before she started her lawsuit against landlord. Tenant also failed to present competent proof of her damages since she failed to present any evidence of the age or condition of any of the items she claimed were damaged.

Collens v. Sayegh: 64 Misc.3d 145(A), 2019 NY Slip Op 51301(U) (App. T. 2 Dept.; 8/8/19; Ruderman, JP, Tolbert, Emerson, JJ)