SEGAL v. JUSTICE CT MUT HOUS


105 Misc.2d 453 (1980)

Sadie Segal, Plaintiff, v. Justice Court Mutual Housing Cooperative, Inc., Defendant.

Civil Court of the City of New York, Queens County.

October 2, 1980.


Attorney(s) appearing for the Case

William I. Weisberg for plaintiff. Raymond J. McDonnell for defendant.


THOMAS V. LAFAUCI, J.

Pursuant to CPLR 3212 subd [e] plaintiff tenant moves for summary judgment on her second cause of action. This cause of action is based upon the defendant landlord's alleged breach of section 235-b of the Real Property Law, the warranty of habitability. The application of this section of the Real Property Law to an action in tort, or what amounts to a claim against the landlord in strict liability, is a relatively recent development...

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