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157 E. 57th St. LLC v. Birrenbach

Tenants, constructively evicted due to mold, are awarded 21-month rent abatement.

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Judge Schneider

157 EAST 57th STREET LLC v. BIRRENBACH — In this summary nonpayment proceeding, the respondents concede that they have not paid rent from November 2000 to the present. The parties agree that the total amount of the unpaid rent through February 14, 2003 is $41,567.97.1 The dispute betweenthe parties involves a severe mold condition in the respondents’ apartment which respondents claim resulted in their constructive eviction from the apartment for the entire period at issue. Petitioner claims that the condition was not serious enough to merit a finding of constructive eviction, that it was corrected no later than June 2002, and that respondents’ behavior substantially delayed the correction of the problem. The matter was tried before me on various dates from December 2002 through February 2003.

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