Legal Opinion

Solow v. Wellner

New York Court of Appeals

Decided October 31, 1995PublishedCited by 56 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

Appellants are a group of approximately 65 current and former tenants of an apartment building located at 265 East 66th Street in Manhattan. Following a pervasive rent strike, the landlord commenced summary nonpayment proceedings to recover unpaid rent for the period October 1987 through May 1988. In a joint trial before the Civil Court the tenants conceded the landlord’s prima facie case of rent nonpayment but asserted as an affirmative defense and counterclaim the landlord’s breach of the implied warranty of habitability (Real Property Law § 235-b). The tenants…

2Cases cited4 opinions

  1. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  2. Solow v. WellnerAppellate Division of the Supreme Court of the State of New York · 1994
  3. Solow v. WellnerCivil Court of the City of New York · 1991
  4. Solow v. WellnerAppellate Terms of the Supreme Court of New York · 1992

3Cited by56 opinions

  1. Francis v. Kings Park Manor, Inc.Court of Appeals for the Second Circuit · 2021
  2. Spodek v. Park Property Development AssociatesNew York Court of Appeals · 2001
  3. Excelsior 57th Corp. v. WintersAppellate Division of the Supreme Court of the State of New York · 1996
  4. Grammer v. TuritsAppellate Division of the Supreme Court of the State of New York · 2000
  5. Francis v. Kings Park Manor, Inc.District Court, E.D. New York · 2015

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