Mastrangelo v. Five Riverside Corp.

—Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered May 13, 1998, in favor of plaintiff tenant/ shareholder and against defendant cooperative housing corporation in the total amount of $32,224.85, unanimously affirmed, without costs.

The trial court correctly calculated the amount of plaintiff’s damages for defendant’s breach of the warranty of habitability (Real Property Law § 235-b) as the difference between the maintenance paid by plaintiff and the rental value of the premises during the period of the breach (Elkman v Southgate Owners Corp., 233 AD2d 104; cf., Young v…