Because they lacked electrical service during and after Hurricane Sandy, Lauren S. and Perri S. sued their landlord--Ogden CAP Properties--for breach of a state law known as the warranty of habitability.
Both the New York County Supreme Court and the Appellate Division, First Department, agreed the case should be dismissed because Lauren and Perri didn’t occupy their apartments when there wasn’t electricity, and there was no evidence that they left their homes because their units were uninhabitable.
Did they CAP out?
To view a copy of the Appellate Division’s decision, please use this link: Adler v. Ogden CAP Props