Tenants Didn't Notify Landlord of Need for Repairs

(Decision submitted by Luise A. Barrack of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Facts: Landlord-cooperative corporation sued to evict tenant shareholder for nonpayment of maintenance. Tenant was an experienced real estate/landlord-tenant attorney. Tenant claimed breach of the warranty of habitability and asked for a complete rent abatement. Tenant claimed that a number of conditions existed in his luxury apartment, including excessive heat, odors, cracks in the wall, vermin, noise, asbestos, moisture seepage through the walls, and no window guards. Landlord claimed that it hadn't gotten notice from tenant of any of these conditions until a special assessment had been made to raise money to repair the building's exterior masonry. Landlord also attempted to make repairs in tenant's apartment. Court: Tenant isn't entitled to any rent abatement. Tenant didn't give landlord proper notice of the conditions. Tenant gave no timely written notice of the problems. Also, it wasn't credible that this tenant would live in fear with terrible conditions for years without taking any steps to correct the problems.

1050 Tenant's Corp. v. Lapidus: L&T Index No. 93096/92 (4/15/93) (Civ. Ct. N.Y.; Shafer, J) [6-page document]