[*1]
| N & N Red Hook, LLC v Argenti |
| 2013 NY Slip Op 51319(U) [40 Misc 3d 1226(A)] |
| Decided on August 13, 2013 |
| Just Ct Of The Town Of Red Hook, Dutchess County |
| Triebwasser, J. |
| Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be
published in the printed Official Reports. |
Just Ct of the Town of Red Hook, Dutchess
County
N and N Red
Hook, LLC, Petitioner,
against
Janice Argenti, Respondent
|
C-431-13
Jonah Triebwasser, J.
Petitioner (hereinafter "Landlord") has brought this proceeding against Respondent
(hereinafter "Tenant") for a final judgement of eviction, to award to Landlord possession
of the premises, for a warrant to remove Tenant from possession, for a judgement for
back rent of $7,650.00 as well as an unspecified sum for reasonable attorney's fees as
well as costs and disbursements.
Procedural History
This
matter was set for trial on July 18 and August 5, 2013. On both occasions, Tenant asked
for additional time to obtain an attorney. Over Landlord's objections, the Court granted
those adjournments, but informed Tenant on August 5 that the case would not be
adjourned again and set the trial for date-certain on August 12, 2013.
Tenant appeared on that date without counsel and proceeded pro se.
Landlord appeared and was represented by Daniel Sullivan, Esq., of Tarshis, Cantania,
et al.
The Lease
The lease
(exhibit 1, in evidence) clearly indicated that the property in question was to be used for
residential purposes only. In addition, it clearly stated that "[t]enant states that Tenant has
read this Lease and that it incorporates all understandings, representations and promises
made to Tenant by Landlord and/or Landlord's agent and that this lease supercedes all
prior representations, agreements and promises, whether oral or written."
Landlord testified that he had signed the lease, that Tenant had signed the
lease, and that Tenant was currently behind in the rent in the sum of $7,650.00.
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Although Tenant agreed that she signed
the lease (exhibit 1) Tenant testified that Landlord misrepresented the property to her in
that he told her that it could be used for commercial purposes.
Implied Warranty of
Habitability
Tenant testified that the premises had no working
stove for cooking and that the septic system was not functioning properly, and that in
essence landlord had breached the implied warranty of habitability. Tenant produced no
witnesses nor any documentary evidence to support her assertions.
Decision of the
Court
Without more than the Tenant's bare, unsupported assertion
that the premises were uninhabitable, the Court is unable to provide a set-off against the
rents for breach of the implied warranty of habitability.
As to the allegation that Landlord misrepresented the possible use of the
premises to the Tenant, the Court is bound by the parol evidence rule. The parol evidence
rule states that, if an agreement between two parties is made in writing, the parties may
not present evidence in court of any oral or implied agreement that contradicts what is
written down. The parol evidence rule can be thought of as the "four corners" rule. If a
contract exists, the court must look for evidence of the contract's terms by reading what is
inside the "four corners" of the paper upon which the contract is printed.
As the lease is a contract, signed by both parties, the parol evidence rules
requires that the Court stick to what is written in the four corners of the document.
Tenant's assertion that the rental was procured by misrepresentation is unavailing.
Therefore, it is the decision and Order of this Court that Tenant shall
surrender the premises to Landlord, shall pay to Landlord back rents of $7, 650.00, and
$1,000.00 in costs, disbursements and attorney's fees.
Counsel for Landlord is directed to provide to the Court, on notice to Tenant,
the proposed Judgement, Order and Warrant for the Court's signature.
SO ORDERED.
Dated:Red Hook, New York
August 13, 2013
__________________________________________
JONAH TRIEBWASSER,
Justice, Town of Red Hook