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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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The court, following the rationale of N Town Roosevelt Assoc. v Muller (supra), will grant the abatement from the commencement of the problem which, in that case as is true here, began with the tenancy. No reason has been suggested as a basis for limiting the period of retroactive abatement, for there has been neither a prior nonpayment proceeding in which the tenant would have had an opportunity to press these claims (Tidespy Corp. v Third World Culture Center, supra) nor the existence of a claim exceeding a six-year Statute of Limitations (Korn v Landey, NYLJ, Dec. 13, 1976, p 12, col 3). PUNITIVE DAMAGES