169 East 69th Street Corp. v. Leland

*670OPINION OF THE COURT

Arthur Birnbaum, J.

the ISSUE

In this residential nonpayment summary proceeding the novel issue presented at trial was whether petitioner, a proprietary lessor, violated its statutory obligation to respondent, a proprietary lessee, and breached the warranty of habitability provided in section 235-b of the Real Property Law by permitting a commercial tenant of the contiguous lower floor (street level) of the building to erect and maintain an illuminated white awning directly below and outside of respondent’s bedroom window. This court holds that under the facts presented at…