Legal Opinion
Mantica R Corp. NV v. Malone
Civil Court of the City of New York
Decided January 23, 1981PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Diane A. Lebedeff, J.
This nonpayment proceeding raises the issue of the application of the warranty of habitability to demolition of one half of a multiple dwelling and construction on that land. It was determined at an earlier stage of the proceeding that the tenants could “object to the use to which areas which have been part of or appurtenant to” the entire multiple dwelling as it existed prior to the severance and demolition. The court also has already found that “[t]here is no question that noise may be a basis for finding a breach of the warranty of habitability”.…
2Cases cited6 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Goldner v. DoknovitchAppellate Terms of the Supreme Court of New York · 1976
- 111 East 88th Partners v. SimonCivil Court of the City of New York · 1980
- Justice Court Mutual Housing Cooperative, Inc. v. SandowNew York Supreme Court · 1966
- Whitehouse Estates, Inc. v. ThomsonCivil Court of the City of New York · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Solow v. WellnerCivil Court of the City of New York · 1991
- Forest Hills No. 1 Co. v. SchimmelCivil Court of the City of New York · 1981
- Tower West Associates v. DerevnukCivil Court of the City of New York · 1982
- Whitehall Hotel v. GaynorCivil Court of the City of New York · 1983
- Goethals Mobile Park, Inc. v. Staten Island Meadowbrook Park Civic Ass'nAppellate Division of the Supreme Court of the State of New York · 1994
3 more not listed; retrieve them via the Exa API.