Edgemont Corp. v. Audet
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order unanimously modified by providing that upon reargument the provision in the previous decision remitting the sum of $2,900, representing March and April 1995 rent on deposit with the court, to landlord is stricken and landlord is directed to make restitution of these moneys to tenant and by remanding the matter to the court below for a determination of tenant’s counterclaim for breach of the warranty of habitability with respect to the months of October and November 1994. As so modified, order affirmed without costs.
Landlord commenced this nonpayment…
2Cases cited6 opinions
- Sutton Fifty-Six Co. v. GarrisonAppellate Division of the Supreme Court of the State of New York · 1983
- Covington v. McKeiverAppellate Terms of the Supreme Court of New York · 1976
- Price v. PriceAppellate Division of the Supreme Court of the State of New York · 1930
- Whitehouse Estates, Inc. v. ThomsonCivil Court of the City of New York · 1976
- Wolther v. SamuelAppellate Division of the Supreme Court of the State of New York · 1985
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- Chase v. PistoleseWatertown City Court · 2002
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