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BAY PARK ONE v. CROSBY

109 Misc.2d 47 (1981)

Bay Park One Company, Appellant, v. Dave Crosby, Respondent.

Supreme Court, Appellate Term, Second Department.

April 13, 1981

Attorney(s) appearing for the Case

Kenneth P. Mintz and Raymond M. D'Erasmo for appellant.

Concur: BUSCHMANN, HIRSCH and KUNZEMAN, JJ.

MEMORANDUM.

Final judgment unanimously reversed, without costs, and matter remanded to the court below for a new trial.

A tenant is not entitled to recover consequential damages for a landlord's breach of the implied warranty of habitability (see Curry v New York City Housing Auth., 77 A.D.2d 534). The measure of damages for such a breach is the difference between the fair market value of the premises if they had...

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