Committee for Preservation of Fresh Meadows, Inc. v. Fresh Meadows Associates

—In an action to recover damages for breach of the warranty of habitability, plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated April 7, 1978, which, inter alia, granted defendant’s motion for summary judgment and dismissed the complaint for failure to state a cause of action. Order and judgment reversed, on the law, with $50 costs and disbursements, motion denied, and complaint reinstated. Special Term held that the warranty of habitability contained in section 235-b of the Real Property Law did not apply to leases signed prior to its…