Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Poyck v. Bryant, 13 Misc. 3d 699 (2006)

Citation
Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Parent Document
Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Jurisdiction
New York (state)
Effective Date
2006-08-24

Full Text

715 chars
The scope and breadth of Real Property Law § 235-b is far-reaching. Landlords must warrant against “latent” and “patent” conditions throughout the entire tenancy “occasioned by ordinary deterioration, work stoppage by employees, acts of third parties or natural disaster” (47 NY2d at 327 [emphasis added]). The standard for a breach of the implied warranty of habitability is measured “in the eyes of a reasonable person” not in a vacuum which ignores the “essence of the modern dwelling unit.” (Id. at 328.) Real Property Law § 235-b was intended to provide an objective standard for “those essential functions which a residence is expected to provide.” (Solow v Wellner, 86 NY2d 582, 589 [1995].) Secondhand Smoke