New York Supreme Court, Appellate Division
528 N.Y.S.2d 554 (App. Div. 1988)
Randolph and Kikuchi (defendants) rented a loft in Manhattan from Minjak (plaintiff). During their time in the loft, they experienced, among other problems, severe water leaks, sand seeping through cracks and into their loft because of sandblasting, and significant clouds of dust coming into the loft as a result of Minjak’s construction in the building. These intrusions got into and caused damage to their clothes, bed, and food. In addition, Kikuchi had used part of the loft as a music studio, but because of the sandblasting and dust, she was forced to keep the equipment covered and could no longer use the studio. Minjak did nothing to minimize the intrusions after repeated requests and Randolph and Kikuchi started to suffer from eye, throat, and sinus problems as a result. In light of all of these problems, specifically their inability to use the large music studio, Randolph and Kikuchi started only paying one-third of the rent. Minjak brought this action to recover the rent. The trial court found in favor of Randolph and Kikuchi, awarding them rent abatement and punitive damages. The appellate court reversed. Randolph and Kikuchi appealed.
Rule of Law
Holding and Reasoning (Memorandum Decision)
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