No Abatement for Cracks in Plaster

(Decision submitted by Larry Furtzaig of the Manhattan law firm of Rosenberg & Estis, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked the court for a rent abatement. The court ruled against tenant. A portion of tenant's living room ceiling fell down in July 1997, but landlord corrected the condition within 48 hours. While tenant claimed there were also cracks in the plaster warranting a rent cut, this was a nonhazardous class ''A'' violation that wasn't a threat to tenant's life, health, or safety. Settlement and age alone will cause cracks in layers of paint or plaster in old buildings.

3M Properties, LLC v. Grieco: L&T Index No. 97540/97 (2/6/98) (Civ. Ct. NY; Doherty, J) [3-page document]