No Abatement During Tenant's Six-Month Absence

(Decision submitted by Susan Baumel-Cornicello of the Manhattan law form of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. The court ruled against tenant. Tenant was absent from the apartment for six months, for business-related purposes. Tenant couldn't show harm from landlord's not making repairs during this time, as tenant claimed. Landlord also reasonably believed that all conditions had been corrected in connection with a prior nonpayment case. Once tenant gave landlord notice of new conditions, landlord responded promptly and made repairs.

385 Canal St. LLC v. Avery: Index No. 100985/05 (Civ. Ct. NY; Schneider, J)