Legal Opinion
City of New York v. Rodriguez
Appellate Terms of the Supreme Court of New York
Decided January 10, 1983PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Final judgment entered July 21, 1981 is reversed, without costs; tenant’s affirmative defense of breach of warranty of habitability (Real Property Law, § 235-b) is reinstated and a trial is ordered.
Landlord, the City of New York, initiated this nonpayment proceeding to recover rental arrears of $975, for the months of February through May, 1981. The petition was subsequently amended to include additional rental arrears, bringing the aggregate amount of rent sought to $1,545. Tenant has admittedly withheld that amount of rent.
As an affirmative defense to this proceeding…
3Cases cited6 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Amanuensis, Ltd. v. BrownCivil Court of the City of New York · 1971
- Jackson v. RiveraCivil Court of the City of New York · 1971
- Suarez v. Rivercross Tenants' Corp.Appellate Terms of the Supreme Court of New York · 1981
- Goldner v. DoknovitchAppellate Terms of the Supreme Court of New York · 1976
1 more not listed; retrieve them via the Exa API.
4Cited by9 opinions
- Department of Housing Preservation & Development v. SartorAppellate Division of the Supreme Court of the State of New York · 1985
- Lawrence v. MartinCivil Court of the City of New York · 1986
- Linden Hill No. 1 Cooperative Corp. v. KleinerCivil Court of the City of New York · 1984
- Lacks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Geffner v. PhillipsCivil Court of the City of New York · 1984
4 more not listed; retrieve them via the Exa API.