Trial Required on Tenant's Claim

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability; he said the water in his apartment wasn't drinkable. The trial court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reopened the case. The trial court had ruled for tenant on procedural grounds because landlord hadn't submitted proper answering papers to tenant's motion. However, tenant didn't show enough proof to win the case without a trial. Tenant submitted a report from the Environmental Protection Agency showing some problems with the water. But this report was made after landlord brought the nonpayment case and stated ultimately that the water was drinkable. A trial was needed to determine the facts.

Mattoon v. Barasch: NYLJ, p. 25, col. 4 (6/6/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)