(b) leak in bedroom ceiling (c) leak in living room wall * * * (f)
polyurethane living room and dining room oors.’’ Real Prop-
erty Law § 235-b (2) provides that ‘‘[a]ny agreement by a lessee
or tenant of a dwelling waiving or modifying his rights as set
forth in this section shall be void as contrary to public policy.’’
The entry into the court ordered stipulation of settlement,
however, operated as an accord and satisfaction, precluding
tenant from recovery of damages pertaining to any breach of
the warranty of habitability occurring prior to the execution of
the settlement agreement (see, Couri v Westchester Country
Club, 186 AD2d 712, 714-715). Accordingly, tenant's claim for
money damages in the sum of $450, representing the alleged
cost of moving the furniture in his apartment to enable
landlord's performance of repairs under the stipulation, and
other relief, to the extent that it relies on an alleged breach of
warranty preceding the date of the settlement agreement, is
meritless. Denial of tenant's claim for money damages was
proper for the additional reason that consequential damages
are not recoverable for the breach of the warranty of habit-
ability (Bay Park One Co. v Crosby, 109 Misc 2d 47; cf., Couri v
303 BEVERLY GROUP v ALSTER [190 Misc 2d 69] 71
Westchester Country Club, supra, at 715 [damage to personal
property is not recoverable under Real Property Law § 235-b];
see also, Mastrangelo v Five Riverside Corp., 262 AD2d 218;
Elkman v Southgate Owners Corp., 233 AD2d 104).
[2] The court, moreover, cannot be said to have improvidently
exercised its discretion, under the circumstances presented, in
denying tenant's request that landlord move the furniture,
which in eect would impose upon the landlord the obligation