Evidence Insufficient to Warrant Abatement

December 1, 1997

LVT Number: 11991

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The Nassau County court awarded landlord $900 in back rent after giving tenant a rent abatement of $3,420. Landlord appealed and won. The appeals court sent the case back for a new trial. Inspection reports used as evidence by the trial court weren't authenticated or certified as required by CPLR Section 4518(c). The claimed conditions weren't documented by other proof, and the large amount of the abatement wasn't shown to be justified.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The Nassau County court awarded landlord $900 in back rent after giving tenant a rent abatement of $3,420. Landlord appealed and won. The appeals court sent the case back for a new trial. Inspection reports used as evidence by the trial court weren't authenticated or certified as required by CPLR Section 4518(c). The claimed conditions weren't documented by other proof, and the large amount of the abatement wasn't shown to be justified. The lower court also improperly ordered a prospective rent abatement.

Koch v. MacQueen: NYLJ, p. 33, col. 3 (11/4/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Floyd, JJ)

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