effectiveness of steps taken by the landlord to abate those conditions (id.). In
determining the amount of damages sustained by a tenant as a result of a breach of the
warranty set forth in the section, the court "need not require any expert testimony" (RPL
§ 235-b; see also Park W. Mgt. Corp., 47 NY2d at 329-30).
Given the fact-specific nature of each inquiry, courts have awarded a broad spectrum
of abatements, up to and including a full abatement, for water leaks, nonfunctioning
appliances, and mold conditions (Solow Management Corp. v Reinicke, NYLJ,
1/29/01, p 26, col 1 [App Term 1st Dept] [15% rent abatement for "sporadic leaks from a
living room skylight and ceiling" and a loss of air conditioning]; Collins Estate Corp.
v Beader, NYLJ, 4/9/87, p 14, col 1 [App Term 1st Dept] [abatement reduced to
25% when tenant's unit was "impaired primarily as a result of a leak originating above
tenant's bedroom ceiling from an upstairs apartment"]; W.S.L.S.J. & I Weinrib,
A & M Reiss v Fuchs, NYLJ, 3/5/99, p 26, col 2 [App Term 1st Dept] [court
affirmed 25% abatement covering 18-month period]; Koch v McQueen, NYLJ,
3/4/96, p 31, col 1 [App Term, 9th and 10th Jud Dists] [50% abatement for a two-month
period upheld for defective repair of a deteriorated bathtub, dislocation of tiles caused by
leakage in bathroom ceiling and water infiltration of common hallway ceiling];
Pamela Equities v McSween, NYLJ, 8/18/95, p 24, col 4 [App Term, 1st Dept]
[tenant awarded 25% abatement for 20-month period of "recurring water leaks"]; Gottesman v Graham Apartments,
Inc., 47 Misc 3d 1213(A), 2015 WL 1839746 [Civ Ct Kings County] [100%
abatement awarded when landlord was found liable for a flood that resulted in water