Whitehouse Estates, Inc. v. Thomson

Petitioner landlord moves for an order setting aside the decision of the court or for a new trial after a finding of a credit of $255 due to respondent tenant for breach of warranty of habitability for failure of the apartment air conditioner to operate for two summer months and failure of the gas stove to operate properly and safely for five and one-half months. Landlord contends that the decision is contrary to the evidence and contrary to law, specifically citing Steinberg v Carreras (77 Misc 2d 774) in support of its position that there was no adequate proof of the reduced value of the…