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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 public interest relevant to a warranty claim in a summary proceeding was stated in Davis v Williams (92 Misc 2d 1051, 1055) as follows: “It is the unambiguous policy of this State to prevent the deterioration of residental structures and maintain our housing stock against the ever increasing menace of decay, neglect and abandonment * * * The remedy of punitive damages gives clear promise of serving effectively the policy of enforcing housing standards when the conduct which undermines them is malicious, wanton or reckless.” Further, it may be noted that to deny punitive damages in an appropriate case merely serves to assure those owners who ignore conditions which violate the warranty of habitability that the worst consequence will be an abatement of rent which reduces the rent to be paid to a proper rental value.