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VANDERHOFF v. CASLER

91 A.D.2d 49 (1983)

G. R. Vanderhoff et al., Respondents, v. Clinton J. Casler et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 6, 1983

Attorney(s) appearing for the Case

Kiley, Feldmann, Whalen, Devine, Zeller & Patane, P. C. (Linus W. Walton of counsel), for appellants.

James E. Barnes, II, for respondents.

SWEENEY, J. P., MAIN, MIKOLL and LEVINE, JJ., concur.

YESAWICH, JR., J.

At issue is whether a provision in a lease of residential premises obligating the tenant to furnish the landlord with written notice of any dangerous or defective condition in the demised premises contravenes section 235-b of the Real Property Law* in that it constitutes a waiver or modification of the lessee's right to bring suit for breach of the warranty of habitability...

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