Appellate Term, First Department · October 20, 2026 · 2026 NY Slip Op 51747[U]
Lafayette Nelson Apts., LLC v Perez
Read the official decision: 2026 NY Slip Op 51747[U]
Holding The Appellate Term affirmed the lower court’s judgment granting the landlord possession and rent arrears, finding that the tenant’s warranty of habitability defense failed because he did not make the apartment available for repairs. The court also noted that the tenant’s harassment counterclaim was abandoned and would be without merit regardless.
The court’s words
the court's rejection of tenant's warranty of habitability defense is entitled to deference
2026 NY Slip Op 51747[U], at the official text
tenant failed to consistently ma[k]e the apartment available to perform repairs
2026 NY Slip Op 51747[U], at the official text
evidence and testimony demonstrated that tenant chose not to make himself available for inspections and repairs
2026 NY Slip Op 51747[U], at the official text
Tenant's counterclaim of harassment was abandoned, since he failed to raise it during the trial
2026 NY Slip Op 51747[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 20, 2026 |
| Citation | 2026 NY Slip Op 51747[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51747[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1350 |
Recommended citation
ESQ HQ, New York Law Watch, Lafayette Nelson Apts., LLC v Perez, 2026 NY Slip Op 51747[U] (Appellate Term, First Department, October 20, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51747-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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