Legal Opinion
Disunno v. WRH Properties, LLC
Appellate Division of the Supreme Court of the State of New York
Decided July 25, 2012Published
1Opinion of the Court
The plaintiff tenant commenced this action against the defendant landlord, inter alia, to recover damages for breach of a commercial lease.
The Supreme Court should have granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the third cause of action, which alleges breach of an implied warranty of fitness for commercial purposes. “In the absence of fraud or of a covenant, a lessor does not represent that the premises are tenantable and may be used for the purpose for which they are apparently intended” (Welson v *781Neujan Bldg. Corp., 264 NY 303, 305…
2Cases cited9 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- Rivera v. JRJ Land Property Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Dune Deck Owners Corp. v. JJ & P Associates Corp.Appellate Division of the Supreme Court of the State of New York · 2010
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