Legal Opinion
Maryanov v. Peters
Civil Court of the City of New York
Decided October 25, 1978PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Richard S. Lane, J.
When the warranty of habitability (Real Property Law, § 235-b) is used defensively, conventional wisdom designates it as an affirmative defense and assigns the burden of proof to tenant asserting the breach thereof (Bianchi v Ficoratto, 83 Misc 2d 996; see Houston Realty Corp. v Castro, 94 Misc 2d 115, 118).
Tenant, in this nonpayment summary proceeding tried before me and a jury, challenges that conventional wisdom. Preliminarily she moved to dismiss the petition for failure to allege compliance with the warranty, upon which motion I reserved.…
2Cases cited6 opinions
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Park West Management Corp. v. MitchellAppellate Division of the Supreme Court of the State of New York · 1978
- Covington v. McKeiverAppellate Terms of the Supreme Court of New York · 1976
- Houston Realty Corp. v. CastroCivil Court of the City of New York · 1978
- Bianchi v. FicorattoCity of New York Municipal Court · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Excel Associates v. MoralesLong Beach City Court · 1982