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169 E 69TH ST CORP v. LELAND

156 Misc.2d 669 (1992)

594 N.Y.S.2d 531

169 East 69th Street Corp., Petitioner, v. Robert H. Leland, Respondent.

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

December 15, 1992

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., for petitioner. John F. McHugh for respondent.

ARTHUR BIRNBAUM, J.

THE ISSUE

In this residential nonpayment summary proceeding the novel issue presented at trial was whether petitioner, a proprietary lessor, violated its statutory obligation to respondent, a proprietary lessee, and breached the warranty of habitability provided in section 235-b of the Real Property Law by permitting a commercial tenant of the contiguous lower floor (street level...

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