Legal Opinion
Vanderhoff v. Casler
Appellate Division of the Supreme Court of the State of New York
Decided January 6, 1983PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Yesawich, Jr., J.
At issue is whether a provision in a lease of residential premises obligating the tenant to furnish the landlord with written notice of any dangerous or defective condition in the demised premises contravenes section 235-b of the Real Property Law*in that it constitutes a waiver or modifica*50tion of the lessee’s right to bring suit for breach of the warranty of habitability and is therefore void as contrary to public policy.
The parties entered into a written lease pursuant to which defendants rented an apartment in the City of Oneida for a period commencing…
2Cases cited4 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Hirsch v. . RadtNew York Court of Appeals · 1920
- Pierre v. WilliamsCivil Court of the City of New York · 1980
- Trump Village Section 2, Inc. v. SemlerCivil Court of the City of New York · 1981
3Cited by8 opinions
- Moskowitz v. JordenAppellate Division of the Supreme Court of the State of New York · 2006
- Milltown Park Inc. v. American Felt & Filter Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Semans Family Ltd. Partnership v. KennedyCivil Court of the City of New York · 1998
- Spatz v. Axelrod Management Co.Yonkers City Court · 1995
- In re the Estate of JordenNew York Surrogate's Court · 2005
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