Legal Opinion
Windy Acres Farm, Inc. v. Penepent
Appellate Terms of the Supreme Court of New York
Decided April 9, 2013PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Justice Court for the entry of a final judgment dismissing the petition.
Landlord commenced this residential holdover proceeding after terminating tenant’s lease pursuant to a provision therein which purports to allow landlord to terminate the lease based upon a default in rent. Tenant’s defense at trial was that landlord had breached the warranty of habitability by virtue of, among other things, an unresolved mouse infestation and contaminated water. Following the…
2Cases cited4 opinions
- Park Summit Realty Corp. v. FrankAppellate Terms of the Supreme Court of New York · 1980
- Park Summit Realty Corp. v. FrankNew York Court of Appeals · 1982
- 61 East 72nd Street Corp. v. ZimbergAppellate Division of the Supreme Court of the State of New York · 1990
- Goldcrest Realty Co. v. 61 Bronx River Road Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- 1719 Gates LLC v. Torres, Civil Court Of The City Of New York, Queens County2024
- Rochdale Vil., Inc. v. Hallerdin-Grant, Civil Court Of The City Of New York, Queens County2024
- 1719 Gates LLC v. Torres, Civil Court Of The City Of New York, Queens County2024
- Rochdale Vil., Inc. v. Hallerdin-Grant, Civil Court Of The City Of New York, Queens County2024
- 1719 Gates LLC v. Torres, Civil Court Of The City Of New York, Queens County2024
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