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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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The Court of Appeals in Park W. Mgt. (47 NY2d 316, 329, supra) stated that "the proper measure of damages for breach of the warranty is the difference between the fair market value of the premises if they had been as warranted, as measured by the rent reserved under the lease, and the value of the premises during the period of the breach. "The court left open the issue whether remedies other than contract damages were available to the aggrieved party. Initially, courts held the landlord was strictly liable for the breach of the warranty of habitability, thus awarding consequential damages. (See, for example, Kaplan v Coulston, 85 Misc 2d 745 [Civ Ct, Bronx County 1976]; McBride v 218 E. 70th St. Assocs., 102 Misc 2d 279 [App Term, 1st Dept 1979]; Goodman v Ramirez, 100 Misc 2d 881 [Civ Ct, NY County 1979].)