Elaine Ford sued her tenant, Edward Lasch, to recover $1,048 in unpaid rent and fumigation costs. Lasch, a commercial tenant, withheld a portion of his rent claiming he suffered a loss of business due to a cockroach infestation.
Since the lease required Lasch to fumigate his space, and he wasn't able to prove he had done so, the Dutchess County Justice Court found in Ford's favor.
On appeal, the Appellate Term, Second Department, deferred to the trial court's findings since the latter was in the best position to observe the demeanor of witnesses and make credibility determinations. Since the AT2 wasn't able to find any irregularity with the Justice Court's interpretation of the evidence, it affirmed the landlord's win.
Cucaracha!
To view a copy of the Appellate Term's decision, please use this link: Ford v. Lasch