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Landlord & Tenant Law
Habitability and Harassment Claims Survive Motion to Dismiss
Berg v. Chelsea Hotel Owner LLC, NYLJ 3/15/22, p. 18, col. 1, AppDiv, First Dept. (memorandum opinion)
In tenant's action for breach of the warranty of habitability, private nuisance, harassment and assault, tenant appealed from Supreme Court's orders granting landlord's motions to dismiss. The Appellate Division reversed, holding that tenant had alleged facts sufficient to support the various claims.
Tenant alleged that repeated interruptions of heat, hot water, gas and electricity, and disruptions of elevator service, phone, television, and internet service, together with flooding, mold, and rat and vermin infestations. Tenant also alleged that landlord's principal screamed expletives at her and spewed his spittle into her fact so that a building employee had to step between the two of them. Based on these facts, tenant brought this action, but Supreme Court granted landlord's motion to dismiss.
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