Tenant Didn't Notify Landlord of Conditions Needing Repair
LVT Number: #23538
Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. Tenant had failed to notify landlord of the claimed conditions needing repair. She couldn't submit proof of violations for the first time on appeal, even if her attorney failed to submit them at trial.
Nachajski v. Siwiec: NYLJ, 7/1/11, p. 34, col. 1 (App. T. 2 Dept.; Steinhardt, JP, Golia, Riso, JJ)