Landlord v Tenant (2011 NY Slip Op 52490(U))
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Landlord v Tenant
2011 NY Slip Op 52490(U) [34 Misc 3d 1222(A)]
Decided on June 13, 2011
Just Ct Of Vil. Of Scarsdale, Westchester County
Katz, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on June 13, 2011
Just Ct of Vil. of Scarsdale, Westchester County
Landlord, Petitioner,
against
Tenant, Respondent.
20CIV 05SP
Tenant, Pro Se, Kenneth Saltzman, Esq., Goodman & Saltzman, Esqs.
Arlene E. Katz, J.
Petitioner-Landlord, commenced this action by Notice of Petition and
Petition dated March 21, 2011 to Recover Possession of Real Property due to Non-Payment of
Rent. The Petition alleges inter alia Respondent-Tenant, owes rent as follows: November
2010 - $3850.00, December 2010 - $3850, January 2011 - $3850, February 2011 - $3850, March
2011 - $3850.00, plus $375.00 in late fees totaling $19,625.00.
Tenant in her Answer to Petition, Application & Counterclaims sworn to April 13, 2011
denies owing rent and interposed inter alia Affirmative Defenses as follows: Breach of
Quiet Enjoyment, Breach of Warranty of Habitability, Constructive Eviction, Overpayment,
Misrepresentation and Performance and Clean Hands. Tenant counterclaims for diminished
value of rental premises, unjust enrichment and emotional distress.
A hearing was held on May 23, 2011 at which time the Tenant waived traverse and
submitted to the jurisdiction of the Court.
Testimony and Findings of
Fact
Landlord and Tenant entered into a Lease dated July 20, 2009 for a
term of one year beginning August 1, 2009 ending July 31, 2010 for premises in Scarsdale, New