TENANT FAILS TO PROVE HER PRIMA FACIE CASE IN HP PROCEEDING FOR HARASSMENT AND LACK OF HEAT AND HOT WATER
Tenant filed an HP proceeding alleging that the landlord failed to provide heat and hot water as required under the Housing maintenance Code and a claim of harassment. Our client disputed any alleged harassment claim and stated the boiler had been in proper working order during the time the Tenant disputed sufficient heat and hot water.
Upon the conclusion of a three-day trial the Tenant rested on her prima facie case at which time a directed verdict was sought by Nikolaos Preponis, Esq, one of the partners of the firm who handled the trial. The Court requested briefs to be filed unto NYSCEF and reserved decision.
The Honorable Judge Clinton J. Guthrie recently rendered a 9-page decision, a copy of which is linked below, finding several inconsistencies in the Tenant’s testimony, on direct and cross-examination, and ultimately failed to prove her prima facie case resulting in dismissal of the proceeding without the need for the landlord to even have to testify.