712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)

Citation: 712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)
Parent Document: 712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-01-12
Original Source: https://www.courtlistener.com/opinion/9469043/712-realty-llc-v-poliard/ ↗

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In this nonpayment proceeding based upon alleged arrears of $2,834.01, representing monthly rent of $1,388.76 for November and December of 2018 and partial rent of $56.49 for October of 2018, tenant filed an answer in which she asserted a breach of the warranty of habitability. At a nonjury trial, the petition was amended to include rent due through March of 2019, and landlord's witness testified that landlord had received a payment from tenant in March of 2019, that all payments are applied to the oldest outstanding balance, and that tenant still owed $1,388.76. After trial, the Civil Court awarded landlord possession and a monetary award of $1,388.76 without any abatement in favor of tenant based on her breach of the warranty of habitability defense. On appeal, tenant argues that she has paid all of her rent and, in any event, [*2]that landlord failed to repair a mold condition in her apartment.

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