Legal Opinion
McGuinness v. Jakubiak
New York Supreme Court
Decided July 22, 1980PublishedCited by 7 opinions
1Opinion of the Court
*318OPINION OF THE COURT
Aaron D. Bernstein, J.
The plaintiffs move for partial summary judgment pursuant to CPLR 3212 (subd [e]) on their fourth cause of action. This cause of action is founded upon the alleged breach of the implied warranty of habitability by the landlord, defendant Jakubiak.
The facts, essentially, are not in dispute. The McGuinness family moved into apartment 3-R of 566 Leonard Street, Brooklyn, New York, in 1962. This apartment is located on the third floor of the building beneath the roof. Krystyna Jakubiak bought this apartment house in April of 1977. When the defendant…
2Cases cited25 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Franklin v. . BrownNew York Court of Appeals · 1889
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3Cited by7 opinions
- Nostrand Gardens Co-Op v. HowardAppellate Division of the Supreme Court of the State of New York · 1995
- Kachian v. AronsonCivil Court of the City of New York · 1984
- Mahlmann v. YelvertonCivil Court of the City of New York · 1980
- Benitez v. RestifoYonkers City Court · 1996
- Spatz v. Axelrod Management Co.Yonkers City Court · 1995
2 more not listed; retrieve them via the Exa API.