Legal Opinion
Parker 72nd Assocsiates v. Isaacs
Civil Court of the City of New York
Decided December 23, 1980PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Diane A. Lebedeff, J.
This nonpayment proceeding involves a tenant’s claim for an abatement of rent because of a failure to provide heat and hot water. Additionally, the pro se respondent, an attorney, has requested counsel fees.
WARRANTY OF HABITABILITY
The claim for an abatement of rent is based upon the warranty of habitability as set forth in section 235-b of the Real Property Law. It is clear that failure to provide heat or hot water as required by law is a danger to life, health and safety and therefore that a warranty claim will lie.
The testimony established that the…
2Cases cited11 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- 379 Madison Avenue Inc. v. Stuyvesant Co.Appellate Division of the Supreme Court of the State of New York · 1934
- 379 Madison Avenue, Inc. v. Stuyvesant CompanyNew York Court of Appeals · 1935
- 930 Fifth Corp. v. KingNew York Court of Appeals · 1977
- Park West Management Corp. v. MitchellAppellate Division of the Supreme Court of the State of New York · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McMahon v. SchwartzCivil Court of the City of New York · 1981
- Entertainment Partners Group, Inc. v. DavisNew York Supreme Court · 1992
- Board of Managers of Foundry at Washington Park Condominium v. Foundry Development Co.Appellate Division of the Supreme Court of the State of New York · 2016
- Scotia Associates v. BondCivil Court of the City of New York · 1985
- Chessin v. New York City Conciliation & Appeals BoardNew York Supreme Court · 1982
3 more not listed; retrieve them via the Exa API.