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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Greenburger v. Leary, 119 Misc. 2d 358 (1983)

Citation
Greenburger v. Leary, 119 Misc. 2d 358 (1983)
Parent Document
Greenburger v. Leary, 119 Misc. 2d 358 (1983)
Jurisdiction
New York (state)
Effective Date
1983-05-23

Full Text

600 chars
Respondent also claims that he is entitled to a rent abatement for a lack of services and breach of warranty of habitability. I find that the credible evidence offered at the trial did not establish any abatable conditions in the respondent’s apartment. Similarly I find no proof that the respondent had given petitioner sufficient notice of his intention to repair the front door himself so as to invoke *363the “repair and deduct” line of authority. There was no credible proof of the landlord’s willful refusal to make the repairs. (Cf. Katurah Corp. v Wells, 115 Misc 2d 16 [App Term, 1st Dept].)