Tenant's first witness was "Mr. P", the father of Tenant's two children. He went
inside Tenant's home once for the first time at 8:30 a.m. the morning of this trial at which time
Tenant "pointed out" areas either in need of repair or effected by the construction. He "saw
evidence of water marks on the ceiling but no water. The ceiling was cracked, appeared to be
peeling, paint and plaster (sic)." The room was 10 by 11 feet with a rug/carpeting, bed, bureau
and books. He did not mention a bucket or musty smell.
Tenant also pointed out the kitchen lights didn't work. He saw water running along a
hose in front of the premises. A curtain in the den blocked 80% of the window view of the
construction site.
He has been picking up his children at the premises more than once a week for a
considerable amount of time and the construction began in either February or March 2011.
Tenant testified for most of the tenancy she believed the adjacent lot was part of her
leasehold and strongly denied any conversation with "Mr. A" advising her of development.
Tree branches and a huge Spruce fell on her driveway and power lines in February
2011. The Landlord told her to call Con Edison and Cable and deduct repairs from her rent. She
testified she had the tree removed but did not supply bills or documentation to support this.
In support of her claim that construction began in October or November 2010 Tenant
testified that in October or November 2010 her son told her there was a "'piece of equipment
there is somebody rolling across our lawn. What's going on? (sic)' And the contractor testified
they were doing soil testing at that point." She testified the construction began in October or
November 2010 because "there were goings and comings on the property" and there was heavy