Legal Opinion

Segal v. Justice Court Mutual Housing Cooperative, Inc.

Appellate Terms of the Supreme Court of New York

Decided April 29, 1981PublishedCited by 9 opinions

1Opinion of the Court

OPINION of the court

Memorandum.

Order (105 Misc 2d 453) affirmed, without costs.

The doctrine of implied warranty of habitability, as embodied in section 235-b of the Real Property Law, was not intended to extend the principle of strict liability to landlords with regard to wrongs that traditionally have been the area of tort liability (see Curry v New York City Housing Auth., 77 AD2d 534; Vaillant v La Berge, NYLJ, April 1, 1981, p 15, col 1).

Concur: Pino, P. J., Hirsch and Jones, JJ.

2Cases cited2 opinions

  1. Curry v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
  2. Segal v. Justice Court Mutual Housing Cooperative, Inc.Civil Court of the City of New York · 1980

3Cited by9 opinions

  1. German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
  2. Peterson v. Superior CourtCalifornia Supreme Court · 1995
  3. Meyer v. ParkinCourt of Appeals of Minnesota · 1984
  4. Carpenter v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
  5. Begandy v. RichardsonNew York Supreme Court · 1987

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