Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)

Citation
315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)
Parent Document
315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)
Jurisdiction
New York (state)
Effective Date
2005-08-15

Other Sections in This Document (34)

Full Text

569 chars
In its moving papers, the petitioner cites the case of 29-45 Tenants Corp. v Rowe (NYLJ, Jan. 8, 1992, at 23, col 4), which is analogous to the instant proceeding. In Rowe, a nonpayment proceeding seeking maintenance charges, both parties moved for summary judgment and the respondent sought an abatement on the ground of breach of the warranty of habitability alleging that conditions existed on the roof terrace of his penthouse cooperative apartment and that the work done by the petitioner cooperative “wrongfully rendered the terrace uninhabitable” (at 23, col 5).