Tenant Can Amend Answer to Raise Mold Defense to Nonpayment Action

NEW YORK - A tenant who agreed to settle a prior nonpayment proceeding can amend her answer to a second action to raise allegations of nonhabitability because of ongoing mold problems, a New York appellate court decided on April 21. 885 W.E. Residents Corp. v. Tally, No. 570151/05 (N.Y. Sup. App. Term, 1st Dept.).

New York County's Civil Court ruled in January 2005 that landlord 885 W.E. Residents Corp. was entitled to possession of Joanne Tally's apartment and $10,031.23 in unpaid maintenance fees.

The court denied Tally's motion to amend her answer to assert a defense and counterclaim of …