PARK WEST MGT. v. MITCHELL


62 A.D.2d 291 (1978)

Park West Management Corp., Appellant, v. Arthur Mitchell et al., Respondents

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

May 2, 1978


Attorney(s) appearing for the Case

Eugene J. Morris of counsel (Michael J. Dezorett with him on the brief; Demov, Morris, Levin & Shein, attorneys), for appellant.

Kent Karlsson for respondents.

William F. Treanor (Mendes Hershman and Douglas N. Cordon with him on the brief), attorney for the Real Estate Board of New York, Inc., amicus curiae.

Proskauer Rose Goetz & Mendelsohn (Howard Lichtenstein, Marvin Dicker and Abraham Borenstein of counsel), attorneys for Realty Advisory Board on Labor Relations, Inc., amicus curiae.

Berger, Kramer & Sugerman (Robert Sugerman of counsel), attorneys for Ad Hoc Committee to Defend the Warranty of Habitability Law, amicus curiae.

John E. Kirklin (Kalman Finkel, Morton B. Dicker, Gary R. Connor and Susan Seel with him on the brief), attorney for the Legal Aid Society of New York City, amicus curiae.

Louis B. York (Peter M. Wendt and Nancy E. Le Blanc with him on the brief), attorney for Manhattan Legal Services Corporation and another, amici curiae.

Lindenbaum & Young (Abraham M. Lindenbaum of counsel), attorneys for Rent Stabilization Association of New York City, Inc., amicus curiae.

LUPIANO, J. P., LANE and MARKEWICH, JJ., concur.


SANDLER J.

In this nonpayment summary proceeding, petitioner landlord, Park West Management Corporation, appeals by leave of this court from an order of the Appellate Term, which affirmed a judgment of the Civil Court, New York County, granting tenants a 10% rent abatement on a counterclaim for an alleged breach of the warranty of habitability.

In the aftermath of the 17-day strike of building employees...

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