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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

830 Eighth Ave. LLC v. Global at 8th LLC, 2021 NY Slip Op 05280 (2021)

Citation
830 Eighth Ave. LLC v. Global at 8th LLC, 2021 NY Slip Op 05280 (2021)
Parent Document
830 Eighth Ave. LLC v. Global at 8th LLC, 2021 NY Slip Op 05280 (2021)
Jurisdiction
New York (state)
Effective Date
2021-10-05

Full Text

522 chars
Defendants failed to raise an issue of fact as to their defense based on the warranty of habitability (see Real Property Law § 235-b). There is no dispute that defendants were sublessors and never inhabited the premises; thus, they could not assert any claim or setoff based on a breach of the warranty (Genson v Sixty Sutton Corp., 74 AD3d 560, 560 [1st Dept 2010]; Adler v Ogden CAP Properties, LLC, 42 Misc 3d 613, 624 [Sup Ct, NY County 2013], affd sub nom. Adler v Ogden CAP Properties, 126 AD3d 544 [1st Dept 2015]).