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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Atif v. Disapio (2019)

Citation
Atif v. Disapio (2019)
Parent Document
Atif v. Disapio (2019)
Jurisdiction
New York (state)
Effective Date
2019-03-28

Full Text

1,328 chars
At a nonjury trial held on July 6, 2017, after landlord had rested his case, tenant presented evidence regarding landlord's alleged breach of the warranty of habitability, and specified that the repair issues in the subject premises included the inability to open five of the seven windows. The court admitted into evidence several emails, dated May 6 and 8, 2017, between landlord and tenant regarding the repairs. Tenant also sought to introduce additional emails between her and landlord regarding repairs from earlier dates, but the District Court excluded that evidence, stating, "I'm not taking them because none of that is concerned with the rent that we have here, which is May and June." Before the close of the trial, the District Court asked tenant why she had not arranged for someone to evaluate the repairs needed in the subject premises and then have that person testify as an expert witness. Tenant stated that she did not know that she was able to do that and that she just kept calling landlord asking for the repairs to be completed. Following the trial, the court awarded landlord a final judgment of possession and the sum of $5,000, representing all the rent due from May through July 2017, without expressly ruling on [*2]tenant's counterclaims. A final judgment was subsequently entered on July 13, 2017.