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Berzito v. Gambino
New Jersey Supreme Court
308 A.2d 17 (1973)
- Written by Darius Dehghan, JD
Facts
Lillias Berzito (plaintiff) rented an apartment from Vincent Gambino (defendant). While Berzito lived in the apartment, several radiators were missing, several electrical fixtures were inoperable, and there was a vermin infestation. After Berzito vacated the apartment, she filed suit against Gambino, contending that he breached the warranty of habitability. The trial court ruled that Gambino breached the warranty of habitability. Moreover, the trial court held that, during the period Berzito lived in the apartment, she was responsible for paying only the rental value of the apartment in its defective condition. The appellate division reversed, and Berzito appealed to the New Jersey Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Mountain, J.)
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