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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Leris Realty Corp. v. Robbins, 95 Misc. 2d 712 (1978)

Citation
Leris Realty Corp. v. Robbins, 95 Misc. 2d 712 (1978)
Parent Document
Leris Realty Corp. v. Robbins, 95 Misc. 2d 712 (1978)
Jurisdiction
New York (state)
Effective Date
1978-02-17

Full Text

839 chars
The most serious claimed breach of the warranty of habitability is the total failure to provide heat and hot water from September 27 through October 27, 1977. The tenant testified that he purchased a heater, but he presented no testimony respecting electrical charges or the cost of the heater. He testified that the value of the apartment for which he was paying a rental of $450 per month, was reduced to $50 per month, since it could be used only as a storage area. However, he and his wife continued to live in the apartment. The owner’s expert testified that a similar apartment, even without heat and hot water, had a value of $275 to $500 a month. After consideration of all of the relevant circumstances, the court finds that the value of the apartment was reduced by $275 during the time when heat and hot water were not supplied.