Tenant Submitted Photos of Various Defects

May 31, 2004

LVT Number: 17393

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord without a trial. Tenant appealed and won. Tenant submitted to the court photographs that supported his claim of breach of the warranty of habitability. The photographs showed some broken radiators and broken oven; a bathroom sink, kitchen sink, and toilet that weren't fully working; tile floor in the kitchen that was coming up; water damage to the ceilings; and cracked walls and windows.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord without a trial. Tenant appealed and won. Tenant submitted to the court photographs that supported his claim of breach of the warranty of habitability. The photographs showed some broken radiators and broken oven; a bathroom sink, kitchen sink, and toilet that weren't fully working; tile floor in the kitchen that was coming up; water damage to the ceilings; and cracked walls and windows. The case was sent back for a trial to determine the facts on tenant's warranty of habitability claim.

Witherbee Court Assocs. v. Greene: NYLJ, 5/28/04, p. 27, col. 2 (App. Div. 2 Dept.; Prudenti, PJ, Altman, Luciano, Adams, JJ)

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