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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation
Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document
Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction
DC (municipal)
Effective Date
1991-03-28

Other Sections in This Document (123)

Full Text

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H & M asserts three defects in Fernandez's proof of the breach of warranty of habitability. It contends, first, that its defense of good faith repairs negated any breach of the warranty; second, that Fernandez was required to prove the apartment's value when it was in good repair and also when it was in disrepair, but that no evidence of either value was presented at trial; and third, that the value of the apartment in disrepair (sometimes known as the "shell value") had to be at least one-third of the apartment's rental value. Because of these supposed defects, H & M argues that it was entitled to either a directed verdict or a judgment n.o.v. on the warranty of habitability claim, or at least a substantial remittitur. We cannot agree.