610 West 142nd Street Owners Corp. v. Braxton

OPINION OF THE COURT

Order entered October 29, 1987 modified by severing ten*827ants’ counterclaims to the extent said counterclaims seek recovery for damages resulting from an alleged burglary in the subject premises; as modified, order affirmed, without costs.

While tenants may, in this nonpayment proceeding, counterclaim for damages sustained by reason of landlord’s breach of the implied warranty of habitability, the proper measure of those contract damages is “the difference between the fair market value of the premises if they had been as warranted, as measured by the rent reserved under the…