Legal Opinion

Kachian v. Aronson

Civil Court of the City of New York

Decided April 10, 1984PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward H. Lehner, J.

The issue presented herein, on which there is a paucity of authority, is how to apply the warranty of habitability to a loft unit when (i) the subject premises were rented to the tenants as raw space, (ii) all internal improvements to make the premises amenable to residential living were made by the tenants, and (iii) the units are partially used for commercial purposes.

FACTS

The above two summary proceedings were tried together. The proof showed the following: petitioners acquired the building (146 Chambers Street) in 1977 and leased the entire second…

2Cases cited3 opinions

  1. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  2. Bomze v. Jaybee Photo Suppliers, Inc.Appellate Terms of the Supreme Court of New York · 1983
  3. McGuinness v. JakubiakNew York Supreme Court · 1980

3Cited by8 opinions

  1. Rogerson Aircraft Corp. v. Fairchild Industries, Inc.District Court, C.D. California · 1986
  2. 2641 Concourse Co. v. City University of New YorkNew York Court of Claims · 1987
  3. Walling v. HolmanCourt of Appeals for the Second Circuit · 1988
  4. Benitez v. RestifoYonkers City Court · 1996
  5. Spatz v. Axelrod Management Co.Yonkers City Court · 1995

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