Tonetti v. Penati
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtShapiro, J.
We are called upon to determine whether a warranty of habitability should be implied in the rental of premises for use as a residence. For the reasons set forth below, the common-law rule of caveat lessee should no longer be applied to residential leases. We hold that in such cases there is an implied warranty of habitability. We therefore affirm the judgment appealed from, which returned his security to the defendant tenant.
THE FACTS
The plaintiff, as the executor of a decedent’s estate, is the owner of a five-bedroom private house in Palisades, New York. The defendant was desirous of renting…
2Cases cited10 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Mease Ex Rel. Oliver v. FoxSupreme Court of Iowa · 1972
- Lemle v. BreedenHawaii Supreme Court · 1969
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Daly v. . WiseNew York Court of Appeals · 1892
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3Cited by38 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Detling v. EdelbrockSupreme Court of Missouri · 1984
- Old Town Development Company v. LangfordIndiana Court of Appeals · 1976
- Curry v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
- Kruger v. Page Management Co.New York Supreme Court · 1980
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