Tenant Wasn't Forced to Leave Apartment

Tenant sued landlord, claiming breach of the covenant of quiet enjoyment, as well as breach of warranty of habitability. The court ruled for tenant in part and gave tenant some award of money for tenant's warranty of habitability claim. The court otherwise dismissed the case. Tenant appealed and lost. The lower court properly dismissed tenant's claim of breach of the covenant of quiet enjoyment because tenant didn't show that landlord had acted in any way that caused an actual or constructive eviction from the apartment. Tenant remained in the apartment during all times that he claimed there were problems. Tenant also claimed that he should have gotten a larger money award for his warranty of habitability claim. But the appeals court found that the amount awarded by the lower court was reasonable.

Szczypien v. A.J. Clarke Management: NYLJ, 5/13/08, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)