Tenant Didn't Prove Dates, Duration, and Intensity of Alleged Defects

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 her a 10 percent rent abatement for a leak in her ceiling and a 5 percent rent abatement for other conditions. Tenant was directed to pay $23,000 in back rent. Tenant appealed, claiming that the rent abatement should have been greater. The appeals court ruled against tenant. Tenant didn't prove the dates, duration, and intensity of the alleged defects.

Marz Realty Inc. v. Reichman: NYLJ, 1/30/03, p. 23, col. 4 (App. T.2 Dept.; Aronin, JP, Golia, Rios, JJ)