NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)

Citation: NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)
Parent Document: NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)
Jurisdiction: New York (state)
Effective Date: 2013-09-16
Original Source: https://www.courtlistener.com/opinion/6314716/nycha-coney-island-houses-v-ramos/ ↗

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The court notes that the initial self represented answer filed alleged as a defense the breach of the warranty of habitability. Indeed, the proposed stipulation signed by petitioner’s counsel submitted to this court on the initial adjourn date of this proceeding addressed complained of conditions. Additionally, subsequent stipulations alleged the existence of numerous claimed conditions, including some listed in respondent’s proposed first affirmative defense, which petitioner agreed to “inspect and repair as necessary.” Petitioner’s argument that denial of the instant motion is warranted because not every stipulation provided for the inspection and repair of every alleged condition listed in the proposed answer is unpersuasive, as the stipulations similarly do not state that repairs are no longer an issue.

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