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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kachian v. Aronson, 123 Misc. 2d 743 (1984)

Citation
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Parent Document
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Jurisdiction
New York (state)
Effective Date
1984-04-10

Full Text

1,367 chars
The major complaint of the tenants, especially those on the fourth floor, was of water leaks after a rainstorm. The landlord acknowledged such problem but claimed that after a new roof was installed in the summer of 1980 no complaints of leaks were received. Since so much of the testimony related to the existence or nonexistence of these leaks, the court, after the conclusion of testimony on a day when there had been a torrential downpour, suggested that both parties visit the lofts to ascertain the situation. Although both parties agreed to a joint inspection, the tenants did not appear at the building, allegedly because of a misunderstanding between attorneys (which assertion the court does not believe). The testimony of the petitioners who went to the building that evening was that the stairways and hallways (about which many photographs were offered by respondents with respect to their wetness after a rainstorm) were dry. This was substantially confirmed by one of the respondents who was not in court that day. Regrettably no examination of the interior of the units was *747made that night, respondents being well within their rights in rejecting a court visitation without a stenographer being present at the time, a suggestion by petitioners that the court’s observations be spread on the record the next day having been rejected by respondents.