Legal Opinion
Blatt v. Fishkin
Civil Court of the City of New York
Decided September 11, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Bernard Fuchs, J.
Two counterclaims for breach of warranty of habitability have been severed from a summary nonpayment proceeding in *889Housing Part to stand as an independent action. Landlord moves under CPLR 3211 (subd [a], par 7) to dismiss the resulting complaint for failure to state a cause of action. Although addressed generally to the complaint, the motion, in fact, attacks only the first of the two former counterclaims.
The allegations challenged for insufficiency are that landlord’s "failure to make necessary repairs caused plaintiff inconvenience and annoyance and has…
2Cases cited5 opinions
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Park West Management Corp. v. MitchellAppellate Division of the Supreme Court of the State of New York · 1978
- Rosenblatt v. BirnbaumNew York Court of Appeals · 1965
- Committee for Preservation of Fresh Meadows, Inc. v. Fresh Meadows AssociatesAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by3 opinions
- McGuinness v. JakubiakNew York Supreme Court · 1980
- Benitez v. RestifoYonkers City Court · 1996
- Spatz v. Axelrod Management Co.Yonkers City Court · 1995