NEWKIRK v. SCALA

511408.

90 A.D.3d 1257 (2011)

935 N.Y.S.2d 176

2011 NY Slip Op 9054

LISA M. NEWKIRK, Respondent, v. WILLIAM J. SCALA, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 15, 2011.


MERCURE, A.P.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...

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