Goethals Mobile Park, Inc. v. Staten Island Meadowbrook Park Civic Ass'n, 208 A.D.2d 896 (1994)

It is settled that the duty of the tenant to pay rent is coextensive with the landlord’s duty to maintain the premises in a habitable condition (Real Property Law § 235-b; see, Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 329, supra). ”[T]he proper measure of damages for breach of warranty is the difference between the fair market value of the premises if they had been as warranted, as measured by the rent reserved under the lease, and the value of the premises during the period of the breach. The award may take the form of a sum of money awarded the tenant in a plenary action or a percentage reduction of the contracted-for rent as a setoff in summary nonpayment proceeding in which the tenant counterclaims or pleads as a defense breach by the landlord of his duty to maintain the premises in habitable condition” (Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 329, supra). Here, since there exists an issue of fact as to whether or not GMP breached the warranty of habitability, and damages occasioned by GMP’s breach, if any, cannot be ascertained at this time, the Supreme Court did not commit error by failing to *899grant a final monetary judgment for unpaid rents and use and occupation.