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As for respondents’ argument that a triable issue of fact exists with respect to their alleged violation of the implied warranty of habitability contained in Real Property Law § 233 (m), this argument is also meritless. Nowhere do respondents dispute the...
...v Gravagna, 112 Misc 2d 642 [Civ Ct, Queens County 1981] [landlord’s failure to repair defective lock after being given notice of defect breaches the warranty of habitability]; see also, 111 E. 88th Partners v Simon, 106 Misc 2d...
...warranty of habitability. Following a nonjury trial, the Civil Court found that tenant owed $7,905 through December 2015 and that tenant was entitled to an abatement of $2,150, and directed landlord to make certain repairs by December 31...
...heat, hot water, elevator service, security (by failing to repair a broken front door lock), and garbage collection and disposal, amounted to a breach of the implied warranty of habitability. (111 East 88th Partners v Simon, 106 Misc 2d 693...
...For another example, respondents assert as both a defense and a counterclaim that petitioner breached the warranty of habitability,1 yet petitioner avers that respondents prevented her from making repairs. The court may not resolve these disputes on motion papers.
...counterclaims insofar as they seek damages for respondent’s loss of income, legal fees and repair costs, and petitioner’s breach of warranty of habitability. This partial dismissal is without prejudice to claims for those damages in another action. The...
...Realty, LLC (hereinafter collectively the defendants), alleging, inter alia, causes of action sounding in breach of contract for failure to keep the building in "good repair" as required by the proprietary lease, and breach of the implied warranty of habitability.
...1) a determination was made, after a 17-day trial at which 34 *961witnesses testified, that this landlord had willfully and maliciously breached the warranty of habitability by causing the building’s services to deteriorate and by withholding services from...
...essential repairs ($452); (3) the cost of meals eaten out, inconvenience and mental anguish sustained during a period when the landlord failed to provide heat and hot water ($1,500); and (4) breach of the warranty of habitability ($2,600...
...warranty of habitability (Real Property Law § 235-b) avail tenants under the circumstances of this case. The lease, which was signed on April 28, 1994 and commenced on May 1, 1994 in the midst of substantial ongoing repair work to...
...Here, despite tenant's counterclaim regarding landlord's alleged breach of the warranty of habitability since January 2017, when tenant attempted to introduce into evidence emails with landlord regarding repair issues from January and February 2017, the District Court refused...
...Auth., supra) and petitioner breached this duty by failing to replace or properly repair the front door. The court holds that this counterclaim may be raised in this summary proceeding.2 (See, Harfried Realty Co. v Spuyten Amusement Corp., 150...
Landlords are required to maintain properties in a habitable condition and in accord with the uses reasonably intended by the parties (see Real Property Law § 235-b; Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979]). To prevail on...
...One significant provision of the RPL is 235-b, the statutory warranty of habitability, which obligates a landlord to maintain the leased premises in good repair and free of any "conditions which would be dangerous, hazardous or detrimental to their...
...One significant provision of the RPL is 235-b, the statutory warranty of habitability, which obligates a landlord to maintain the leased premises in good repair and free of any "conditions which would be dangerous, hazardous or detrimental to their...
As to the claim for breach of the warranty of habitability, the allegations concerning the noise do not establish that the noise was so excessive that it deprived plaintiffs of the essential functions of a residence (see Kaniklidis v 235...
Although respondent is precluded from asserting counterclaims for damages for its alleged loss of income, legal fees, breach of warranty of habitability, and repair costs in this summary proceeding, respondent is not deprived of a remedy. It is merely relegated...
...so in order to avoid “causing] more trouble by raising repair issues.” The absence of the requisite notice of the alleged apartment defects is fatal to tenant’s habitability defense (see Matter of Moskowitz v Jorden, 27 AD3d 305, 306...
As to the causes of action for breach of the warranty of habitability and partial constructive eviction, an issue of fact exists as to whether plaintiffs unreasonably rejected an offer of alternative accommodation in a second-floor apartment while repairs...
...The septic problem, as previously noted, breached the implied warranty of habitability (Real Property Law § 233 [m]) and, therefore, as a matter of law, the responsibility for its repair was with respondents, not the tenants. The notice to quit was...