111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- Citation
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- Parent Document
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- Jurisdiction
- New York (state)
- Effective Date
- 1981-09-15
Other Sections in This Document (17)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
Full Text
791 charsEquitable considerations must be mentioned as well. Although the original petitions against these tenants were defective, their attorneys could have waived these defects. It could be argued that it is unfair to permit these tenants to be rewarded for adopting a “wait and see attitude”. On the other hand, the landlord should not be allowed to benefit from its own mistakes. The appalling conditions involved the common areas of the building and they were clearly established at the original trial. The tenants’ motion for partial summary judgment must be granted on the question of liability. Clearly, the warranty of habitability was breached by petitioner and an abatement of the rent is warranted. Likewise, these tenants should not be deprived of their right to obtain punitive damages.