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2020 NY Slip Op 50513

Citation
2020 NY Slip Op 50513
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,754 chars
heat was rarely on, pipes would freeze, a pipe exploded once, the facade of the subject
premises was buckling, a trellis at the facade broke away from it, wood behind plaster
looked like it was deteriorating, which he saw because plaster broke away, the wood was
dark, mildewy, wet, and spongy, his lock was not secure, a water pipe did not connect to
sink, floors were sloping, and there was a gigantic crack in the wall of the common
bathroom; that he complained to HPD and to a member of the LLC that is one of
Respondents ("Respondent"), who cursed at him and told him not to complain to HPD,
but to speak to him first; that sometimes when he called nothing would happen and
sometimes Respondents would do something cosmetic; and that he and the Super would
repair items in the subject premises in part by doing work on a roof.

Petitioner introduced into evidence photographs of a linoleum floor from 2018 with
cracks in it, revealing a rotted-looking subfloor; a trellis outside the subject premises
from 2018 which depicts bricks that are deteriorated; a lock from 2018 made of metal
that looks corroded; and walls from 2018 that are cracking, flaking, spalling, and
buckling and separated from the frame of the subject premises.

The Apartment 8 Tenant testified on DOB's cross-examination that when it rained, a
big puddle would end up on the roof and water would go down the side of the subject
premises instead of through a downspout; that he and the Super tried to fix that; that the
water damaged [*3]the facade of the subject premises and
bulging ensued; that the skylight would leak; and that he complained to Respondents,
who claimed that it was fixed.

The Apartment 8 Tenant testified on Respondents' cross-examination that the subject