Punitive Damages Revoked

June 30, 1994

LVT Number: 8933

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability based on erratic elevator service, an inoperable intercom system, inconsistent water pressure, and dust from an elevator renovation. The trial court awarded a rent abatement, along with punitive damages. Landlord appealed. The appeals court revoked the punitive damages because landlord's conduct hadn't been malicious, reckless, or grossly negligent.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability based on erratic elevator service, an inoperable intercom system, inconsistent water pressure, and dust from an elevator renovation. The trial court awarded a rent abatement, along with punitive damages. Landlord appealed. The appeals court revoked the punitive damages because landlord's conduct hadn't been malicious, reckless, or grossly negligent.

GSL Enterprises, Inc. v. Bercovici: NYLJ, p. 28, col. 5 (6/23/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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