Tenants Claimed Landlord Provided Excessive Heat

March 1, 1998

LVT Number: 12147

Tenants sued landlord to compel repairs, for property damage, and for breach of the warranty of habitability. Tenants claimed that landlord trespassed into their apartments by providing excessive heat. Landlord asked the court to dismiss tenants' claims for trespass and property damage. The court ruled against landlord, and landlord appealed and won. Trespass involves an interference with a person's right to possession of real property either by an unlawful act or a lawful act performed in an unlawful manner.

Tenants sued landlord to compel repairs, for property damage, and for breach of the warranty of habitability. Tenants claimed that landlord trespassed into their apartments by providing excessive heat. Landlord asked the court to dismiss tenants' claims for trespass and property damage. The court ruled against landlord, and landlord appealed and won. Trespass involves an interference with a person's right to possession of real property either by an unlawful act or a lawful act performed in an unlawful manner. Tenants couldn't sue landlord for trespass based on excessive heat because landlord was authorized and required under tenants' lease to provide heat to tenants' apartments.

Kurzner v. Sutton Owners Corp.: 666 NYS2d 135 (12/11/97) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Wallach, Nardelli, Colabella, JJ)

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