No Punitive Damages Awarded

September 30, 1996

LVT Number: 10963

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part, granting him a partial rent abatement. Tenant appealed, claiming that he should also get punitive damages. The appeals court ruled against tenant. There was no proof that landlord's actions were either intentional or malicious, or that there was criminal disregard for tenant's health and safety.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part, granting him a partial rent abatement. Tenant appealed, claiming that he should also get punitive damages. The appeals court ruled against tenant. There was no proof that landlord's actions were either intentional or malicious, or that there was criminal disregard for tenant's health and safety.

342 W. 30th St. Corp. v. Vaswani: NYLJ, p. 26, col. 6 (9/30/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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