Legal Opinion

Groner v. Lakeview Management Corp.

Civil Court of the City of New York

Decided October 8, 1975PublishedCited by 3 opinions

1Opinion of the CourtArthur E. Blyn, J.

The doctrine of implied warranty of habitability has been the accepted policy of many Judges of the Civil Court of the City of New York for a number of years. It has been applied in the main as a defense or setoff or counterclaim in nonpayment summary proceedings. The recent decision by the Appellate Division, Second Department, (Tonetti v Penati, 48 AD2d 25) and the enactment of section 235-b of the Real Property Law (establishing the statutory authority for the implied warranty of habitability) are proof of the validity of this concept.

There has been some dialogue as to the question of…

2Cases cited8 opinions

  1. Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
  2. Seabrook v. Commuter Housing Co.Civil Court of the City of New York · 1972
  3. Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
  4. Steinberg v. CarrerasCivil Court of the City of New York · 1973
  5. Jackson v. PaternoAppellate Division of the Supreme Court of the State of New York · 1908

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3Cited by3 opinions

  1. Covington v. McKeiverAppellate Terms of the Supreme Court of New York · 1976
  2. McGuinness v. JakubiakNew York Supreme Court · 1980
  3. Ocean Rock Associates v. CruzAppellate Division of the Supreme Court of the State of New York · 1978

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