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 its June 5, 2019 decision, the Civil Court declined to award tenant any abatement based upon her defense of a breach of the warranty of habitability on account of a mold condition. The trial court found that tenant's "vague testimony concerning conditions in the apartment was insufficient to establish her defense . . . , notwithstanding the admission of certain photographs that appeared to show a serious mold condition" and that, in any event, landlord's "evidence, including photographs [and] a business record containing notations of completed repairs," served to rebut tenant's testimony. The trial court failed to indicate in the decision whether it "looked-up" or otherwise considered the results of the May 10, 2019 DHCR inspection before making its June 5, 2019 determinations. The trial court also failed to discuss, in any detail, tenant's or the managing agent's testimony, or indicate the degree to which it weighed the credibility of each when arriving at its determinations. In my view, the trial record demonstrated not only the presence of mold in the subject apartment but that there was an ongoing mold condition, which landlord had addressed but failed to resolve.

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