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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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The plaintiffs complaint does not include a cause of action for breach of implied contract provisions. Nevertheless, since an implied warranty of habitability exists in every residential lease (see Granirer v Bakery, Inc., 54 AD3d 269 [1st Dept 2008]), the plaintiff rests on this cause of action at the last minute. This does not help the plaintiff. The implied warranty of habitability sets forth a minimum standard to protect ten*113ants against conditions that render residential premises uninhabitable or unuseable. (Real Property Law § 235-b; see also Solow v Wellner, 86 NY2d 582 [1995].) Tenants alleging breach of the warranty of habitability must provide evidence sufficient to support their claims. (See Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 328 [1979], cert denied 444 US 992 [1979]; Minjak Co. v Randolph, 140 AD2d 245 [1st Dept 1988].)