Kipsborough Realty Corp. v. Goldbetter

In this dispute between a landlord and his tenant, neither traditional landlord-tenant principles nor the application of contract principles under the doctrine of the implied warranty of habitability provide an entirely satisfactory solution.

The landlord herein has instituted a plenary suit to recover the sum of $2,899.78 representing the agreed rent for the period from February, 1972 through December, 1973 for apartment 6 on the top floor of 303 East 37th Street in Manhattan. The tenant conceded that she did not pay the rent. In defense she claimed that she was discharged from her obligation…