Legal Opinion
Geffner v. Phillips
Civil Court of the City of New York
Decided March 1, 1984PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Carol H. Arber, J.
Petitioner, an administrator, moves to dismiss the counterclaims asserted by the respondent on the grounds that a counterclaim by a tenant on a breach of the warranty of habitability cannot be asserted as a matter of law against an article 7-A administrator.
The court respectfully disagrees and finds that said counterclaim does state a cause of action and the motion to dismiss based on CPLR 3211 (subd [a], par 7) is denied.
In 1975 the Legislature amended the Real Property Law to include section 235-b (eff Aug. 1, 1975) which provides: “1. In every written…
2Cases cited8 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Amanuensis, Ltd. v. BrownCivil Court of the City of New York · 1971
- Park West Management Corp. v. MitchellAppellate Division of the Supreme Court of the State of New York · 1978
- Hauptman v. 222 East 80th Street Corp.Civil Court of the City of New York · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Department of Housing Preservation & Development v. SartorAppellate Division of the Supreme Court of the State of New York · 1985
- Baxter v. Captain Crow Management, Inc.New York Supreme Court · 1985
- McMunn v. Steppingstone Management Corp.Civil Court of the City of New York · 1986