40 Eastco v. Fischman

— Judgment, Supreme Court, New York County (Martin Evans, J.), entered May 26, 1988, which dismissed defendant’s counterclaim for breach of warranty of habitability, and judgment of the same court entered June 21, 1988, which dismissed defendant’s remaining counterclaims, unanimously affirmed, without costs.

Real Property Law § 235-b does not permit a tenant to recover damage to his personal property resulting from a breach of the warranty. (See, Curry v New York City Hous. Auth., 77 AD2d 534.) Further, while the trial court may have applied an overly technical interpretation to counsel’s…