ZY Associates LLC v. Brill, 57 Misc. 3d 264 (2017)

ZY Associates LLC v. Brill, 57 Misc. 3d 264 (2017) New York state

...Despite full payment, the matter was *265not discontinued, because there was a breach of warranty of habitability counterclaim. Accordingly, Judge Marc Finkelstein set the matter down for an abatement hearing. This court began the abatement hearing on April 28, 2017...

195-24, LLC v. Titus (2016)

195-24, LLC v. Titus (2016) New York state

While an implied warranty of habitability is contained in every residential lease (Real Property Law § 235-b), and a landlord's failure to provide heat is a recognized breach of that warranty (see Park W. Mgt. Corp. v Mitchell, 47...

Pershad v. Parkchester South Condominium, 174 Misc. 2d 92 (1997)

Pershad v. Parkchester South Condominium, 174 Misc. 2d 92 (1997) New York state

...precludes petitioner from seeking redress in this forum where the petitioner’s requested relief is one of repairs for leaky pipes and not premised on a claim for breach of warranty of habitability under Real Property Law § 235-b. DISCUSSION

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010) New York state

However, in any cause of action that asserts constructive eviction or breach of warranty of habitability due to contamination affecting health, the plaintiff is obliged to produce some evidence of a causal connection. (See 360 W. 51st St. Realty, LLC...

Port Chester Housing Authority v. Mobley, 6 Misc. 3d 32 (2004)

Port Chester Housing Authority v. Mobley, 6 Misc. 3d 32 (2004) New York state

...Tenant, a quadriplegic, alleged that he was entitled to a rent adjustment based on a change of circumstances as of March 1, 2000, rather than July 1, 2000, and that petitioner violated the warranty of habitability in that petitioner failed...

150 West End Owners Corp. v. Chestnut Holdings of N.Y. Inc., 49 Misc. 3d 1147 (2015)

150 West End Owners Corp. v. Chestnut Holdings of N.Y. Inc., 49 Misc. 3d 1147 (2015) New York state

...Respondent also brought counterclaims alleging loss of income due to the subject property being “untenantable”; damages for being locked out of and illegally evicted; unspecified conditions and housing code violations; breach of the warranty of habitability; rent abatement, repair costs...

Garron v. Bristol House, Inc., 2018 NY Slip Op 4533 (2018)

Garron v. Bristol House, Inc., 2018 NY Slip Op 4533 (2018) New York state

...Here, the plaintiff alleged that the damage to his unit persisted and had not been repaired, and that such breach constituted a continuing breach of the defendants' contractual duty to keep the building in good repair and to provide habitable...

Pershad v. Parkchester South Condominium, 174 Misc. 2d 92 (1997)

Pershad v. Parkchester South Condominium, 174 Misc. 2d 92 (1997) New York state

In Frisch v Bellmarc Mgt. (190 AD2d 383), the Appellate Division determined that the statutory warranty of habitability, Real Property Law § 235-b, does not apply between a condominium unit owner and a board of managers since condominium unit ownership...

170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024) New York state

...As a boiler technician, he services boilers, repairs boilers, and installs boilers. Respondent testified that he ceased paying rent in or about February 2023. Petitioner moved to strike this testimony, arguing that all defenses in the original answer — which was...

712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)

712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024) New York state

In its June 5, 2019 decision, the Civil Court declined to award tenant any abatement based upon her defense of a breach of the warranty of habitability on account of a mold condition. The trial court found that tenant's...

Callahan v. Reid, 119 Misc. 2d 190 (1983)

Callahan v. Reid, 119 Misc. 2d 190 (1983) New York state

...and proving a breach of the warranty of habitability? Tenant testified as to various absences of services between February 6, 1982 and May 10, 1982. Landlord testified that he made certain repairs. Tenant *191introduced a copy of an HPD (Department...

Matter of Kirkview Assoc. LP v. Amrock, 2018 NY Slip Op 2389 (2018)

Matter of Kirkview Assoc. LP v. Amrock, 2018 NY Slip Op 2389 (2018) New York state

Town Court further failed to grapple with the defenses of constructive eviction and breach of the implied warranty of habitability raised by respondent. County Court correctly observed that these defenses cannot forestall an eviction in a holdover proceeding, but overlooked...

31-67 Astoria Corp. v. Cabezas (2017)

31-67 Astoria Corp. v. Cabezas (2017) New York state

...Where "bona fide claims are shown to exist that an apartment is in need of repairs, precipitating the withholding of rent, a holdover petition based upon chronic nonpayment will not lie" (Hudson St. Equities v Circhi, 9 Misc 3d 138...

Sheber v. Ashley Homes LLC, 2024 NY Slip Op 00962 (2024)

Sheber v. Ashley Homes LLC, 2024 NY Slip Op 00962 (2024) New York state

...Thereafter, plaintiff retained counsel and made a prelitigation demand to defendants by a letter on March 4, 2022, identifying various issues with the home and demanding that defendants reimburse him for the costs associated with remediating and repairing the property...

Kachian v. Aronson, 123 Misc. 2d 743 (1984)

Kachian v. Aronson, 123 Misc. 2d 743 (1984) New York state

...would be used for an “artist’s studio or any legal usage”, (ii) that the tenant would “make all repairs and maintain” the premises and was taking the unit “as is”, (iii) any fixtures and partitions, etc., installed by the...

Paikoff v. Harris, 185 Misc. 2d 372 (1999)

Paikoff v. Harris, 185 Misc. 2d 372 (1999) New York state

...Landlords stated that the stipulated reduction of the rent to $500 was in settlement of tenants’ warranty-of-habitability claims and was not meant to be permanent; that tenants acknowledged that the court-ordered repairs had been completed in April...

Utkan v. Szuwala, 60 A.D.3d 755 (2009)

Utkan v. Szuwala, 60 A.D.3d 755 (2009) New York state

...Rather, it is argued that Rivera may be distinguished because the lease here contains a provision warranting that the premises were “fit for habitation” and that there were “no conditions dangerous to health, life or safety.” However, the lease provision...