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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

481 chars
The court holds that where, as here, the facts upon which a warranty of habitability claim is based are also pleaded as the foundation for counterclaims for punitive damages and for the intentional infliction of mental distress, that a lease provision prohibiting counterclaims may be disregarded, that the punitive damages issue should be determined, and that the mental distress claim may be examined to at least the extent of finding whether it will survive a motion to dismiss.