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OCEAN ROCK ASSOCS. v. CRUZ

66 A.D.2d 878 (1978)

Ocean Rock Associates, Appellant, v. Alfred Cruz et al., Respondents

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

December 29, 1978

Order affirmed, with costs.

There was sufficient evidence to sustain the trial court's determination that the appellant landlord had breached the implied warranty of habitability. The Appellate Term, citing Covington v McKeiver (88 Misc.2d 1000), correctly held that upon the tenants' establishing the landlord's grievous and substantial breach of warranty, the entire rent demanded "abated". We find no merit to appellant...

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