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Legal Opinion

Mahlmann v. Yelverton

Civil Court of the City of New York

Decided September 30, 1980PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

John A. Milano, J.

In this nonpayment proceeding, tenant respondent seeks to amend her counterclaim to state a cause of action for damages for personal injuries based on strict liability for breach of the warranty of hábitability (Real Property Law, § 235-b) caused by the ingestion of lead by two of her infant sons, contained in the painted walls, ceilings and other surfaces of the tenant respondent’s apartment in a building described as a two-family private dwelling.

ISSUE

The significant issue raised in this proceeding is whether the breach of the warranty is applicable to…

2Cases cited16 opinions

  1. Altz v. . LeibersonNew York Court of Appeals · 1922
  2. People v. . PhyfeNew York Court of Appeals · 1893
  3. Pagan v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1976
  4. Batton v. ElghanayanNew York Court of Appeals · 1978
  5. Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975

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3Cited by7 opinions

  1. German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
  2. Alharb v. SayeghAppellate Division of the Supreme Court of the State of New York · 1993
  3. Carpenter v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
  4. Pezzolanella v. GallowayUtica City Court · 1986
  5. G.M.M. v. KimpsonDistrict Court, E.D. New York · 2015

2 more not listed; retrieve them via the Exa API.

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