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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)

Citation
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Parent Document
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Jurisdiction
New York (state)
Effective Date
1980-12-08

Other Sections in This Document (26)

Full Text

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In relation to an abatement for the leaks and plaster damage, several cases have sustained a 10% abatement as appropriate. (See N Town Roosevelt Assoc, v Muller, NY LJ, Oct. 27,1980, p 6, col 4; New York Eldorado v Balsam, NYLJ, Dec. 13, 1976, p 12, col 3; Clarendon Mgt. Co. v Boelter, NYLJ, April 29, 1980, p 4, col 1.) It should also be noted that abatements of 30 and 50% have been granted, although the more extreme case does indicate that flooding was present. (See 350 Assoc. v Feldman, NYLJ, Dec. 18, 1978, p 13, col 6; Sargent Realty Corp. v Vizzini, 101 Misc 2d 763.) A complete abatement of rent was granted for ceiling leaks resulting from a damaged roof in Kiysborough Realty Corp. v Goldbetter (81 Misc 2d 1054), although elements of punitive damages were also considered as a part *765of that abatement. On the facts here, the court holds that an abatement of 10 % for each apartment is appropriate.