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DIST. ATTORNEY OF THE COUNTY OF NEW YORK v. 349 ASSOCS.

199 A.D.2d 91 (1993)

605 N.Y.S.2d 864

District Attorney of the County of New York et al., Respondents, v. 349 Associates et al., Appellants

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

December 14, 1993

In detailed and undisputed affidavits, plaintiffs demonstrated material breaches of both the express terms of the lease and the implied warranty of habitability (see, Park W. Mgt. Corp. v Mitchell, 47 N.Y.2d 316, cert denied 444 U.S. 992), including failure to furnish heat and hot water (see, Salvan v 127 Mgt. Corp., 101 A.D.2d 721), and presence of filth and vermin...

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