Legal Opinion
Young v. GSL Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1997PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Edward Lehner, J.), entered October 17, 1995, which, inter alia, granted defendant’s motion for summary judgment dismissing the third and fourth causes of action, unanimously affirmed, without costs.
The IAS Court properly dismissed the third cause of action for breach of the warranty of habitability since plaintiffs never paid rent during the relevant period of time and defendant was not seeking to recover such rent (see, Elkman v Southgate Owners Corp., 233 AD2d 104).
Plaintiffs’ fourth cause of action, whether deemed to allege intentional or negligent…
2Cases cited4 opinions
- Callas v. EisenbergAppellate Division of the Supreme Court of the State of New York · 1993
- Stanley v. SmithAppellate Division of the Supreme Court of the State of New York · 1992
- Elkman v. Southgate Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- East End Temple v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by5 opinions
- Dillon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Taggart v. CostabileAppellate Division of the Supreme Court of the State of New York · 2015
- Dawkins v. WilliamsDistrict Court, N.D. New York · 2006
- Goldsmith v. Fight for Sight, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Mastrangelo v. Five Riverside Corp.Appellate Division of the Supreme Court of the State of New York · 1999