Court Won't Hear Tenant's Property Damage Claim

March 1, 1993

LVT Number: 6780

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. He said that his property was damaged by floods and leaks. The court refused to hear tenant's property damage claim. Although it was closely intertwined with the warranty of habitability issue, a trial of tenant's damage claim would take considerable time and the housing court didn't have the resources to cover this.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. He said that his property was damaged by floods and leaks. The court refused to hear tenant's property damage claim. Although it was closely intertwined with the warranty of habitability issue, a trial of tenant's damage claim would take considerable time and the housing court didn't have the resources to cover this.

[600 East 21st Street Realty Co. v. Drennon: NYLJ, p. 33, col. 2 (2/5/93) (Civ. Ct. Kings; Gould, J)].

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