Legal Opinion
Mayers v. Kugelman
Suffolk County District Court
Decided February 22, 1975PublishedCited by 4 opinions
1Opinion of the CourtLawrence Newmark, J.
Plaintiff instituted this action to recover her security deposit and one month’s rent, totaling $320, deposited with defendant landlord under the terms of a written one-year lease which she now seeks to rescind.
The court finds from plaintiff’s uncontroverted testimony at trial that the leased apartment was infested with roaches at the time she was scheduled to take occupancy. Plaintiff contends that the condition of the apartment constitutes a breach by landlord of the implied covenant of habitability and constructive eviction.
The common law did not recognize an implied covenant of…
2Cases cited7 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Barnard Realty Co. v. BonwitAppellate Division of the Supreme Court of the State of New York · 1913
- Hayden Co. v. KehoeAppellate Division of the Supreme Court of the State of New York · 1917
- Streep v. SimpsonAppellate Terms of the Supreme Court of New York · 1913
- Ben Har Holding Corp. v. FoxCity of New York Municipal Court · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Stable Mews Associates, Inc.United States Bankruptcy Court, S.D. New York · 1984
- Hunt v. StateIndiana Court of Appeals · 1986
- Hunt v. StateIndiana Court of Appeals · 1986
- Shlivko v. Good Luck Travel, Inc.Civil Court of the City of New York · 2003