Tardibone v Hopkins (2007 NY Slip Op 27412)
Tardibone v Hopkins
2007 NY Slip Op 27412 [17 Misc 3d 888]
August 31, 2007
McKeon, J.
Auburn City Ct
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2007
[*1]
Sandra Tardibone, Petitioner,
v
Tim Hopkins, Respondent.
City Court of Auburn, August 31, 2007
APPEARANCES OF COUNSEL
Jethro Loftus, Auburn, for respondent.
{**17 Misc 3d at 889} OPINION OF THE COURT
Michael F. McKeon, J.
A claim of a breach of the warranty of habitability highlights this summary proceeding. Petitioner, owner of real property located at 10 Lexington Avenue, Auburn, New York, seeks possession of said property for nonpayment of rent. A hearing was held on August 2, 2007 at Auburn City Court. Subsequent to the hearing, the court inspected the property. Both parties were present during the inspection. The respondent admits nonpayment, claiming he withheld the rent due to the failure of the petitioner to make requested repairs and his belief those unrepaired items breached the warranty of habitability.
The respondent took possession of 10 Lexington Avenue, a single-family dwelling, approximately 2½ years ago, as a month-to-month tenant, at a rate of $600 per month. According to the testimony of the respondent, within six months of occupying, he began experiencing problems with a sewer backup, which required a clean out of the sewer pipe, which has to be repeated almost every six months, due apparently to a tree root problem.