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)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
- Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Full Text
1,084 charsConsideration of the counterclaims for punitive damages and the intentional infliction of mental distress was allowed because the facts pleaded for the warranty claim also served as the foundation for these two counterclaims. The elements of proof involved are similar to those which must be taken into account in relation to the warranty of habitability as defined by the Court of Appeals in Park West Mgt. Corp. v Mitchell (47 NY2d 316, 329): “In ascertaining damages, the finder of fact must weigh the severity of the violation and duration of the conditions giving rise to the breach as well as the effectiveness of steps taken by the landlord”. Given that the warranty counterclaim was to be tried, all three counterclaims were “intertwined with the landlord’s petition and * * * equitably tied together,” in which instance a court has an “equitable power to disregard” such a provision barring counterclaims with the recognition that the power “should be sparingly used and only if warranted by the circumstances at issue.” (50 Ct. Co. v Wild, NY LJ, Feb. 21,1978, p 13, col 1.)