Legal Opinion
Segal v. Justice Court Mutual Housing Cooperative, Inc.
Civil Court of the City of New York
Decided October 2, 1980PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas V. LaFauci, J.
Pursuant to CPLR 3212 subd [e] plaintiff tenant moves for summary judgment on her second cause of action. This cause of action is based upon the defendant landlord’s alleged breach of section 235-b of the Real Property Law, the warranty of habitability. The application of this section of the Real Property Law to an action in tort, or what amounts to a claim against the landlord in strict liability, is a relatively recent development in New York landlord and tenant law and as such requires close examination.
FACTS
Before going on to the legal merits of…
2Cases cited7 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Pagan v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1976
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Morbeth Realty Corp. v. VelezCivil Court of the City of New York · 1973
- Steinberg v. CarrerasCivil Court of the City of New York · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
- German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
- Peterson v. Superior CourtCalifornia Supreme Court · 1995
- Segal v. Justice Court Mutual Housing Cooperative, Inc.Appellate Terms of the Supreme Court of New York · 1981
- Carpenter v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
6 more not listed; retrieve them via the Exa API.