Legal Opinion
Bay Park One Co. v. Crosby
Appellate Terms of the Supreme Court of New York
Decided April 13, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment unanimously reversed, without costs, and matter remanded to the court below for a new trial.
A tenant is not entitled to recover consequential damages for a landlord’s breach of the implied warranty of habitability (see Curry v New York City Housing Auth., 77 AD2d 534). The measure of damages for such a breach is the difference between the fair market value of the premises if they had been as warranted, or measured by the rent reserved under the lease, and the value of the premises during the period of the breach (see Park West Mgt. Corp. v…
2Cases cited2 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Curry v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by5 opinions
- Wade v. JobeUtah Supreme Court · 1991
- 815 Park Avenue Owners, Inc. v. Fireman's Insurance of WashingtonAppellate Division of the Supreme Court of the State of New York · 1996
- 303 Beverly Group, L. L. C. v. AlsterAppellate Terms of the Supreme Court of New York · 2001
- Committed Community Associates v. CroswellCivil Court of the City of New York · 1995
- Wade v. JobeUtah Supreme Court · 1991