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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)

Citation
520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
Parent Document
520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
Jurisdiction
New York (state)
Effective Date
1985-03-11

Other Sections in This Document (25)

Full Text

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*570Second, the conditional limitation contained in the proprietary lease between the co-op and tenant, providing for a termination of the lease upon the failure to pay rent for two months severely limits a tenant’s statutory right to assert a breach of the warranty of habitability. (Park W. Mgt. Corp. v Mitchell, 47 NY2d 316.) Real Property Law § 235-b (2) states: “Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this [the warranty of habitability] section shall be void as contrary to public policy.”