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MARYANOV v. PETERS

96 Misc.2d 773 (1978)

David Maryanov, Petitioner, v. Paletta Peters, Respondent.

Civil Court of the City of New York, Trial Term, New York County.

October 25, 1978

Attorney(s) appearing for the Case

John Falk and Deborah Rand for respondent. David Maryanov, petitioner pro se.

RICHARD S. LANE, J.

When the warranty of habitability (Real Property Law, § 235-b) is used defensively, conventional wisdom designates it as an affirmative defense and assigns the burden of proof to tenant asserting the breach thereof (Bianchi v Ficoratto, 83 Misc.2d 996; see Houston Realty Corp. v Castro, 94 Misc.2d 115, 118).

Tenant, in this nonpayment...

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