Courts which have expressly addressed this issue in the past have largely agreed that the warranty of habitability claims may be raised against a receiver (Apple Bank for Sav. v One Arden St. Assocs., 165 Misc 2d 1011; Gomez v South Williams-burg Better Hous. Corp., 129 Misc 2d 542; Yanowitz v Sanchez, NYLJ, May 5, 1983, at 11, col 1 [App Term, 1st Dept]), even in the context of a foreclosure proceeding (Bankers Fed. Sav. v 247 W. 11th St. Owners Corp., NYLJ, June 5, 1991, at 22, col 6 [Sup Ct, NY County]). Likewise, we have held that the protective mantle of Real Property Law § 235-b should be broadly applied against all persons serving the administrative role of landlord (Department of Hous. Preservation & Dev. v Sartor, 109 AD2d 665, supra). Nothing in the language of our decision in Home Sav. Bank v 137 Duane St. Assocs. (197 AD2d 368, appeal dismissed 82 NY2d 888, lv denied 83 NY2d 755) compels the plainly unjust deprivation which the receiver here seeks. In light of the practical problems faced by the receiver in operating a building while rents are withheld, the court should address warranty of habitability claims with the utmost expedition. But address them it must. Concur—Murphy, P. J., Wallach and Williams, JJ.
Andrias, J., dissents in a memorandum as follows: I would affirm.
Inasmuch as it is undisputed that, except for one payment on April 6, 1995, rents have not been paid on the premises since August 1994, the IAS Court properly directed all persons in possession to comply with its prior order appointing the receiver and directing them to attorn and pay rent and arrears to such receiver.