Order and judgment reversed, on the law, with $50 costs and disbursements, motion denied, and complaint reinstated.
Special Term held that the warranty of habitability contained in section 235-b of the Real Property Law did not apply to leases signed prior to its effective date. It reasoned that no such common-law warranty existed and that there was no evidence that the Legislature intended the statute to be applied retroactively. However, the same argument was apparently...
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