CORTINO v. LONDON TERRACE GARDENS


170 A.D.2d 305 (1991)

Anthony Cortino, Appellant, v. London Terrace Gardens et al., Respondents. (And a Third-Party Action.)

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

February 19, 1991


Plaintiff commenced this action to recover for property damage and emotional distress caused by the flooding of his apartment. Defendant thereafter commenced a non-payment proceeding in New York City Civil Court Housing Part, and plaintiff answered and interposed a counterclaim alleging breach of the warranty of habitability. Settlement negotiations followed. A stipulation was thereafter executed which provided plaintiff with a different apartment, a reduction in rent, and...

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