Tenant Presented No Proof of Claimed Damage to Her Personal Property
LVT Number: #30367
Former tenant sued landlord, claiming that landlord damaged tenant's personal property, in violation of their lease agreement and the implied warranty of habitability. The City Court ruled for tenant and awarded her $14,000 in damages. Landlord appealed and won. Tenant's lease stated that tenant could recover for property damage only if caused by landlord's "gross negligence." And "consequential damages," such as property damage, aren't recoverable based on breach of the warranty of habitability.
Collens v. Sayegh: 64 Misc.3d 145(A), 2019 NY Slip Op 51301(U) (App. T. 2 Dept.; 8/8/19; Ruderman, JP, Tolbert, Emerson, JJ)