Edgemont Corp. v. Audet

In Edgemont Corp. v. Audet (170 Misc 2d 1040), the court found a tenant's counterclaim based on a breach of the warranty of habitability due to "extremely elevated levels of lead-laden dust in the apartment, which condition constituted a threat to the health of tenant's infant daughter" ("in connection with the removal of lead paint"), was valid. The facts show the "court found that the presence of the lead had rendered the apartment unusable and granted tenant a total abatement" of rent for several months. (Id. at 1042.)