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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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However, the plaintiff did not include a copy of the proprietary lease in any of her submissions to the court, and the lease therefore is not before this Court. This omission should in itself be sufficient reason to dismiss the complaint since it is well established that a court must know what an agreement contains before it can determine whether there has been a breach of that agreement. (See e.g. Cobble Hill Nursing Home v Henry & War*109ren Corp., 74 NY2d 475, 482 [1989].) Further, the plaintiff has added, for the first time on appeal, a cause of action for breach of the warranty of habitability alleging that the defendants through negligent construction work caused her apartment to become contaminated with toxins and thus rendered it uninhabitable.