Legal Opinion
Bernstein v. Barrett
Civil Court of the City of New York
Decided September 25, 1979PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Benjamin F. Nolan, J.
Did landlord breach the warranty of habitability when tenant’s apartment was without water because excessive use of fire hydrants in the surrounding area reduced the water pressure in the building?
The testimony of tenant and her witnesses at trial showed that on 1 day in June and 12 days in July of 1979 (5 of them consecutive) there was no water in her apartment, which prevented her from cooking, prevented her toilet from flushing, prevented the central air conditioner from functioning, and then rendered it impossible for her to bathe. She was…
2Cases cited3 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Goldner v. DoknovitchAppellate Terms of the Supreme Court of New York · 1976
- Whitehouse Estates, Inc. v. ThomsonCivil Court of the City of New York · 1976
3Cited by4 opinions
- Nostrand Gardens Co-Op v. HowardAppellate Division of the Supreme Court of the State of New York · 1995
- Century Apartments, Inc. v. YalkowskyCivil Court of the City of New York · 1980
- McGuinness v. JakubiakNew York Supreme Court · 1980
- Newkirk v. ScalaAppellate Division of the Supreme Court of the State of New York · 2011