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
Original Source: https://www.courtlistener.com/opinion/6307489/poyck-v-bryant/ ↗

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The gravamen of plaintiffs motion is that he cannot be held liable for the actions of third parties beyond his control such as the neighbors in unit 5-C. This argument is misplaced as the Court of Appeals, since 1979, has clearly stated that the acts of third parties are within the scope of a landlord’s responsibility pursuant to Real Property Law § 235-b. (Park W. Mgt. Corp., 47 NY2d at 326.) The courts have continuously held that the implied warranty of habitability can apply to conditions beyond a landlord’s control. (Elkman v Southgate Owners Corp., 233 AD2d 104 [1st Dept 1996] [an alleged noxious odor emanating from a retail fish store in an adjacent building neither owned nor controlled by the landlord cooperative corporation may be a breach of the implied warranty of habitability]; Sargent Realty Corp. v Vizzini, 101 Misc 2d 763 [Civ Ct, NY County 1979] [floods caused by upstairs tenant on four occasions which landlord allowed to persist resulted in substantial abatement]; Quasha v Third Colony Corp., NYLJ, Oct. 10, 1990, at 22, col 2 [Sup Ct, NY County] [noise emanating from neighbor stated a claim for breach of implied warranty of habitability]; Solomon v Brandy, NYLJ, Sept. 7, 1994, at 22, col 6 [Civ Ct, Bronx County] [evicted neighboring tenant who caused nuisance resulting in lack of water supply to tenant did not constitute a good faith defense to the implied warranty of habitability].)

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