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111 E. 88TH v. SIMON

106 Misc.2d 693 (1980)

111 East 88th Partners, Petitioner, v. Peter Simon et al., Respondents.

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

December 31, 1980

Attorney(s) appearing for the Case

Novick & Edelstein (Sol Wasserman of counsel), for petitioner. Fischbein, Oliveieri & Rozenholc (David Rozenholc of counsel), for respondent.

JEFFRY H. GALLET, J.

These 33 nonpayment and two holdover proceedings were tried jointly. The respondents tenants defended the nonpayment proceedings on the grounds that the petitioner landlord had breached the implied warranty of habitability, and they counterclaimed for damages for breach of contract and punitive damages. The two holdover proceedings were withdrawn or dismissed during trail. The remaining 20 cases are decided here.

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