Plaintiff, the owner of a co-operative apartment in premises 44 West 77th Street, New York City, brought this action in December, 1979 to recover for breach of the warranty of habitability incident to his proprietary lease (Real Property Law, § 235-b), and for other alleged violations of the terms of the lease. On January 1, 1980, he stopped paying the rent provided for in the lease. Rather than bring a proceeding to evict for nonpayment, in which event plaintiff would...
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