Morrison Mahoney Partners Brian Heermance and Chris Keenoy recently prevailed on their pre-answer motion to dismiss plaintiff’s Complaint in Supreme Court New York County.
In her Complaint, plaintiff (a resident of a homeless shelter) alleged a cause of action for breach of warranty of habitability due to poor living conditions. Brian and Chris argued that a pre-requisite to maintaining such a claim is the obligation to pay rent and plaintiff was not entitled to an abatement of rent if no rent was paid in the first place. Plaintiff also sought damages for personal injuries sustained due to the allegedly poor living conditions. Brian and Chris successfully argued that such damages were not recoverable in an action for breach of warranty of habitability wherein recovery is limited to economic loss.