Twenty-Three Month Abatement for Water Leaks

September 30, 1999

LVT Number: 13597

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability because of water leaks. The court ruled for tenant and gave him a 23-month rent abatement. Landlord appealed and lost. There was ample proof that leaks began in September 1992 and that damage continued for 23 months until landlord performed pointing on the outside of the building.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability because of water leaks. The court ruled for tenant and gave him a 23-month rent abatement. Landlord appealed and lost. There was ample proof that leaks began in September 1992 and that damage continued for 23 months until landlord performed pointing on the outside of the building.

London Terrace Towers Owners, Inc. v. Shramko: NYLJ, p. 26, col. 5 (9/16/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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