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FISCH v. CHASON

99 Misc.2d 1089 (1979)

Richard Fisch, Petitioner, v. Oscar Chason, Respondent.

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

March 29, 1979

Attorney(s) appearing for the Case

Al Conrad for respondent. Finkelstein, Schwartz & Goldstein, P. C., for petitioner.

ELLIOTT WILK, J.

This is a summary proceeding for nonpayment of rent. Respondent moves to dismiss on the ground that the petition is jurisdictionally defective.

(1) The petition fails to plead compliance with the warranty of habitability. (Houston Realty Corp. v Castro, 94 Misc.2d 115.)

(2) The petition alleges that the premises are subject to the...

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