Trial Needed to Determine if Tenant Was Constructively Evicted Due to Vermin Condition
LVT Number: #33247
Landlord sued former tenant, seeking a money judgment for unpaid rent arrears and other expenses. A default judgment was entered after tenant failed to appear in court. Tenant later obtained legal counsel and got the default vacated. Tenant then asked the court to dismiss the case, claiming that she'd been constructively evicted due to a vermin condition that made her child sick. The court denied tenant's request, finding there were issues of fact that required a trial.
75-25 153rd Street, LLC v. Valcin: Index No. CV-012201/21, NYLJ No. 1715643244 (Civ. Ct. Queens; 5/8/24; Kasper, J)