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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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It is at this point necessary to consider petitioner’s argument that, assuming, arguendo, the afore-mentioned deficiencies do exist, said deficiencies are clearly de mini-mus and cannot form a basis for actionable relief. While such an argument could be competently answered by reference to the “cumulative effects” line of cases, 111 East 88th Partners and Concord Vil. (supra), this court does not choose to so refer. Rather, this court considers the cumulative burden of the daily, unnecessary annoyance and inconvenience that may be occasioned by an arguably minor deficiency in a comparatively minor service (e.g., elevator service is arguably minor when compared to lack of heat, water or sanitation services) over a long period of time.