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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It was undisputed at trial that there has been a mold condition in the subject apartment. Tenant submitted photographs of the mold and testified that the condition had existed since 2012 and that landlord had sent someone to fix it many times, but that the condition kept going away and coming back again. Indeed, landlord's managing agent testified at trial that the mold was addressed by painting using a stain killer, so the mold "won't come right back," and that "[a]s to why [the mold has] come back or how it's come back, I can't answer that." (It is noted that landlord's witness also testified that there were no outstanding violations registered against the subject apartment.) However, on May 8, 2019, during the trial, tenant notably testified that the "city" and the "Housing Department" were scheduled to inspect the apartment just two days later, on May 10, 2019, and that photographs of the apartment would be taken. The trial court did not inquire regarding the details of the inspection or adjourn the trial to find out the inspection results.

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