Katurah Corp. v. Wells
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Final judgment entered September 14, 1981 is modified to the extent of awarding landlord a money judgment in the sum of $39.79 and, as so modified, is affirmed, without costs.
Does the willful refusal of a landlord to make necessary repairs give rise to a right on the part of a tenant to have the repairs made and to set off the reasonable cost of those repairs against rent claimed? In Jackson v Rivera (65 Misc 2d 468), and Amanuensis, Ltd. v Brown (65 Misc 2d 15), the court (Sandler, J.) answered that question in the affirmative (see, also, Garcia v Freeland Realty, 63 Misc…
3Cases cited4 opinions
- Amanuensis, Ltd. v. BrownCivil Court of the City of New York · 1971
- Jackson v. RiveraCivil Court of the City of New York · 1971
- Garcia v. Freeland Realty, Inc.Civil Court of the City of New York · 1970
- McKownville Fire District v. Bryn Mawr BookshopAppellate Division of the Supreme Court of the State of New York · 1976
4Cited by4 opinions
- In Re Stable Mews Associates, Inc.United States Bankruptcy Court, S.D. New York · 1984
- 17 East 101st Street Associates v. HugueninCivil Court of the City of New York · 1994
- Greenburger v. LearyCivil Court of the City of New York · 1983
- Charles v. 751 Union St., LLCAppellate Terms of the Supreme Court of New York · 2019