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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)

Citation
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Parent Document
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Jurisdiction
New York (state)
Effective Date
1982-04-19

Other Sections in This Document (59)

Full Text

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*162The leading case in the area is Park West Mgt. Corp. v Mitchell (47 NY2d 316, cert den 444 US 992). In that case, the New York Court of Appeals held that a landlord, while not an insurer of the premises, impliedly warrants that (1) the premises will be fit for human habitation, (2) the condition of the premises is in accord with the uses reasonably intended by the parties, and (3) the tenants are not subjected to any conditions endangering or detrimental to their life, health or safety. The court expressed the paramount purpose of the implied warranty of habitability as a means by which a tenant will be placed in a more equitable bargaining position vis-a-vis the landlord.