Case Type
Non-payment
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570537/24
Slip Opinion Number
51000(U)
Petitioner
515 East 81st LLC
Respondent
Diane Weston, John Doe, Jane Doe
Judge
Brigantti, James, Perez
Decision/Order Date
2025-06-23
Posture
Other
Disposition
Other
Winner
Other
Synopsis
The appellate court modified a lower court's rent abatement award. It affirmed a 100% abatement for periods the tenant vacated due to mold, as the landlord had unfettered access. However, for other periods, the court vacated abatements and remanded for a new trial. The trial court erred by precluding landlord's evidence of tenant's denial of access to repairmen, a crucial factor in breach of warranty of habitability claims. The underlying holdover petition was discontinued.
Keywords
Abatement; Remanded for Trial on Failure to Provide Access Issue
Recommended Citation
"515 East 81st LLC v. Weston" (2025). All Decisions. 1862.
https://ir.lawnet.fordham.edu/housing_court_all/1862
