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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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Other courts have concluded that the landlord has an affirmative duty to protect tenants and failure to do so is a *571breach of the warranty of habitability. In Highview Assocs. v Koferl (124 Misc 2d 797 [Dist Ct, Suffolk County 1984]), the court held that where living conditions become dangerous the landlord was obligated to take steps to protect its tenants. In that case the landlord was on notice of the numerous thefts committed in the complex and failed to take action, thus breaching the warranty of habitability. In the case at bar a New York City landlord must be deemed to be on constructive notice that a defective door may lead to assault and/or theft.