Showing 21–40 of 77 results
From October 1983 through August 1984, the respondent withheld payment of her maintenance (co-op rent) due to her claim that the co-op has persistently refused to properly repair her apartment and maintain it in a habitable condition.
The court notes that the initial self represented answer filed alleged as a defense the breach of the warranty of habitability. Indeed, the proposed stipulation signed by petitioner’s counsel submitted to this court on the initial adjourn date of...
...repairing the apartments damaged by the fire, and acknowledged that an HP proceeding had been instituted regarding the repairs on these units. As of the time of the trial the four damaged apartments, including the subject premises, were not habitable...
...breach of implied warranty of habitability, there was no need for the court do so, since plaintiff did not specifically assert such a claim. Instead, plaintiff objected only to the manner in which the repairs had been done and sought...
At a nonjury trial held on July 6, 2017, after landlord had rested his case, tenant presented evidence regarding landlord's alleged breach of the warranty of habitability, and specified that the repair issues in the subject premises included the...
...Respondent admits that she commenced flood repairs without the proper application for doing so, and that she did not tender the $10,000 repair escrow amount until June 2005, thus delaying her compliance with a separate stipulation between the parties...
...The court has jurisdiction over repairs, and the unfinished bathroom repairs were a part of respondent’s counterclaim and affirmative defense of the warranty of habitability in the 2006 holdover proceeding. Any research devoted to the Cassini museum was a...
It is well settled that in order for a tenant to recover an abatement for breach of the warranty of habitability, “the landlord must have actual or constructive notice of the existence of the condition in need of repair” (Scherer...
...in need of repair in the apartment, including the 10 specifically enumerated in the proposed pleading (11 2) along with the allegation of “sporadic elevator service” (11 3), which “constitute a breach of the warranty of habitability entitling respondent to...
...there were ‘well documented habitability claims’ as well as class ‘C’ violations . . . [Additionally, i]n the instant proceeding, the respondent’s pro se answer alleged that *710there were conditions in need of repair.”7
Upon review of the trial record, we are satisfied that the trial court properly resolved the warranty of habitability issues litigated below. In particular, there is ample support in the record for the trial court's determination that the starting...
...mandatory Local Law 11 repair work on the building facade. We reject, as did the trial court, petitioner-sublessor's attempt to avoid liability for the breach. A subtenant may properly assert the warranty of habitability as a defense to...
...or the implied warranty of habitability. Real Property Law § 235-b was enacted in August 1975, to provide modern urban dwellers with much needed protections and rights to compel landlords to make necessary repairs and provide essential services. (L 1975...
Respondent’s counterclaims for its alleged loss of income, and damages for breach of warranty of habitability, cost of repairs, and attorney’s fees are unrelated either because the Civil Court does not have jurisdiction to hear them or because...
...of habitability during the period from November 1988 to December 1990 were subsumed within the parties April 15, 1988 stipulation of settlement, which provided that plaintiff would receive a 50% maintenance abatement from May 1988 until all repairs were completed...
Section 235-b of the Real Property Law outlines the standard for establishing when a case for breach of the warranty of habitability exists. It is essential that the premises be residential, and it doesn’t matter whether the rental...
In this nonpayment proceeding, tenant asserted breach of the warranty of habitability as an affirmative defense. The parties thereafter entered into a “stipulation in settlement of issues” providing in pertinent part that , the landlord “inspect and repair and replace as...
...Court finds that there was not a breach of the warranty of habitability. The cooperative was properly exercising its right to work on the terrace to repair roof leaks; no evidence has been presented to show that the work was...
...court notes that good faith attempts on the part of a landlord to repair conditions and/or services do not constitute a defense to a breach of the warranty of habitability. (Leris Realty Corp. v Robbins, 95 Misc 2d 712.)
...of tenant based on her breach of the warranty of habitability defense. On appeal, tenant argues that she has paid all of her rent and, in any event, [*2]that landlord failed to repair a mold condition in her apartment.