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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (70)

Full Text

442 chars
While it has been held that the “common-law doctrine of Act of God” is, “clearly, preempted by the statutorily imposed obligations” mandating warranty of habitability in every residential lease,19 this court holds that damage alleged to have been caused by such an “act of nature,” to wit, Hurricane Sandy, cannot support a defense of constructive eviction, as a crucial element of the defense (a wrongful act by the petitioner) is lacking.20