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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

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Although the court in Rowe stated that, “as a matter of law, the warranty of habitability as set forth in RPL Sec. 235-b applies to cooperative apartments and buildings, regardless of any clauses to the contrary in the proprietary lease,” it did not award any abatement to the respondent shareholder. In fact, the court, citing Levandusky (supra), noted that it “cannot disturb” the “business judgment” of the cooperative regarding the work done on the terrace and the inconvenience it caused the shareholder (at 23, cols 4, 5).