Tenant Claims Rent-Impairing Violations Exist

November 1, 2001

LVT Number: 15384

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant appealed, claiming that the court didn't consider her claim that rent-impairing violations existed at the apartment. The appeals court ruled for tenant and sent the case back for a new trial. Tenant had made this claim, both in her answer to the petition and at the trial, and it must be considered in a new trial.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant appealed, claiming that the court didn't consider her claim that rent-impairing violations existed at the apartment. The appeals court ruled for tenant and sent the case back for a new trial. Tenant had made this claim, both in her answer to the petition and at the trial, and it must be considered in a new trial.

Goldstein v. Waterman: NYLJ, 10/17/01, p. 23, col. 3 (App. T.2 Dept.; Scholnick, JP, Aronin, Rios, JJ)

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