TONETTI v. PENATI


48 A.D.2d 25 (1975)

Joseph L. Tonetti, Jr., as Executor and Trustee of Joseph L. Tonetti, Deceased, Appellant, v. Gianni Penati, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 12, 1975


Attorney(s) appearing for the Case

Schwall & Carroll (George J. Malinsky of counsel), for appellant.

Peter F. De Gaetano for respondent.

RABIN, Acting P. J., HOPKINS, LATHAM and CHRIST, JJ., concur.


SHAPIRO, 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...

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