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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ghadamian v. Channing, 295 A.D.2d 127 (2002)

Citation
Ghadamian v. Channing, 295 A.D.2d 127 (2002)
Parent Document
Ghadamian v. Channing, 295 A.D.2d 127 (2002)
Jurisdiction
New York (state)
Effective Date
2002-06-06

Full Text

552 chars
The tenant’s motion for summary judgment on his counterclaims for partial eviction, breach of the warranty of habitability, harassment and injunctive relief was properly denied. The first, second and fourth depend on entitlement to portions of the basement level, for which there are clearly issues of fact. The harassment claim alleges that plaintiff actually or constructively took that portion of the premises from the tenant by proffering a lease that made no mention of such area. At the very best, this also rests on resolution of issues of fact.