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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

610 W. 142nd St. Owners Corp. v. Braxton, 137 Misc. 2d 567 (1987)

Citation
610 W. 142nd St. Owners Corp. v. Braxton, 137 Misc. 2d 567 (1987)
Parent Document
610 W. 142nd St. Owners Corp. v. Braxton, 137 Misc. 2d 567 (1987)
Jurisdiction
New York (state)
Effective Date
1987-10-29

Other Sections in This Document (32)

Full Text

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While the "landlord is not a guarantor of every amenity customarily rendered in the landlord-tenant relationship” (Park W. Mgt. Corp. v Mitchell, supra, at 327), Chief Judge Cooke’s reasoning makes it clear that the scope of the warranty of habitability is broad. Trial courts considering whether the implied warranty has been breached have reached a similar conclusion. (See, for example, Anchef Realties Co. v Omberg, NYLJ, June 11, 1986, at 13, col 1 [Civ Ct, NY County] ["noise” from music studio constituted breach of warranty of habitability]; Mantica R Corp. v Malone, 106 Misc 2d 953 [Civ Ct, NY County 1981] [noise from demolition and construction as a breach of warranty of habitability]; Forest Hills No. 1 Co. v Schimmel, 110 Misc 2d 429 [Civ Ct, Queens County 1981] [constant construction work by landlord breached warranty of habitability]; Kekllas v Saddy, 88 Misc 2d 1042 [Dist Ct, Nassau County 1976] [landlord’s failure to remove cat odor in premises breached warranty of habitability].)