Newkirk v. Scala

Mercure, A.E J.

Plaintiff entered into a lease to rent a residence owned by defendant for the period of December 2003 to December 2004. She paid nine months’ rent and made a security deposit at the time of the lease’s execution. The home’s tap water had an overpowering odor from the outset and, following defendant’s prolonged failure to correct the problem, plaintiff and her children moved out in June 2004. Plaintiff then commenced this action, alleging that defendant breached the warranty of habitability implied in the lease (see Real Property Law § 235-b [1]). Following a nonjury trial,…