PARK W. MGT v. MITCHELL


47 N.Y.2d 316 (1979)

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

Court of Appeals of the State of New York.

Decided June 7, 1979.


Attorney(s) appearing for the Case

Eugene J. Morris and Michael J. De Zorett for appellant.

Kent Karlsson for respondents.

Robert Abrams, Attorney-General (Samuel A. Hirshowitz and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law.

Robert Sugerman for Ad Hoc Committee to Defend the Warranty of Habitability Law, amicus curiae.

Abraham M. Lindenbaum for Rent Stabilization Association of New York City, Inc., amicus curiae.

Louis B. York and Peter M. Wendt for Manhattan Legal Services Corporation and another, amici curiae.

Howard Lichtenstein, Marvin Dicker and Abraham Borenstein for Realty Advisory Board on Labor Relations, Incorporated, amicus curiae.

Kalman Finkel, John E. Kirklin, Susan S. Seel, Morton B. Dicker and Gary R. Connor for the Legal Aid Society of New York City, amicus curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Chief Judge COOKE.


Chief Judge COOKE.

Under the traditional common-law principles governing the landlord-tenant relationship, a lease was regarded as a conveyance of an estate for a specified term and thus as a transfer of real property. Consequently, the duty the law imposed upon the lessor was satisfied when the legal right of possession was delivered to the lessee. The lessor impliedly warranted only the continued quiet enjoyment...

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