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OCEAN ROCK ASSOCS. v. CRUZ

51 N.Y.2d 1001 (1980)

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

Court of Appeals of the State of New York.

Decided November 25, 1980.

Attorney(s) appearing for the Case

Stanley L. Shapiro for appellant.

Robert K. Drinan, John C. Schaeffer, Jr., Michael J. Obus and Rocky Piaggione for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the majority at the Appellate Division that there was sufficient evidence to sustain the trial court's determination that appellant landlord breached the implied warranty of habitability and that in view of the breach being substantial, the abatement of rent was proper (cf.

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