Legal Opinion

Forest Hills No. 1 Co. v. Schimmel

Civil Court of the City of New York

Decided January 12, 1981PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

John A. Milano, J.

The significant issues raised herein as they relate to a garden apartment complex are apparently ones of first impression.

ISSUES

Is there a breach of the warranty of habitability where there exists conditions in the common environmental areas of a garden apartment complex that are detrimental to tenants’ life, health or safety, or frustrate the uses for which tenants reasonably intended to make of their premises?

Is the subject garden apartment complex a de facto multiple dwelling and the landlords’ failure to register the premises as a multiple dwelling, a…

2Cases cited7 opinions

  1. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  2. King v. MooreheadMissouri Court of Appeals · 1973
  3. 57 E. 54 Realty Corp. v. Gay Nineties Realty Corp.Appellate Terms of the Supreme Court of New York · 1972
  4. Goldner v. DoknovitchAppellate Terms of the Supreme Court of New York · 1976
  5. Mantica R Corp. NV v. MaloneCivil Court of the City of New York · 1981

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Solow v. WellnerCivil Court of the City of New York · 1991
  2. Goldhirsch v. St. George Tower & Grill Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  3. 169 East 69th Street Corp. v. LelandCivil Court of the City of New York · 1992
  4. 610 W. 142nd St. Owners Corp. v. BraxtonCivil Court of the City of New York · 1987
  5. Koch v. Mac QueenAppellate Terms of the Supreme Court of New York · 2002

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