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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kachian v. Aronson, 123 Misc. 2d 743 (1984)

Citation
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Parent Document
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Jurisdiction
New York (state)
Effective Date
1984-04-10

Full Text

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In the leading case interpreting the warranty, the Court of Appeals in Park West Mgt. Corp. v Mitchell (47 NY2d 316, 329) stated that: “the duty of the tenant to pay rent is coextensive with the landlord’s duty to maintain the premises in habitable condition” (emphasis supplied) and 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.”