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YOUNG v. GSL ENTERS., INC.

237 A.D.2d 119 (1997)

654 N.Y.S.2d 24

B. Young et al., Appellants, v. GSL Enterprises, Inc., Respondent

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

March 6, 1997

The IAS Court properly dismissed the third cause of action for breach of the warranty of habitability since plaintiffs never paid rent during the relevant period of time and defendant was not seeking to recover such rent (see, Elkman v Southgate Owners Corp., 233 A.D.2d 104).

Plaintiffs' fourth cause of action, whether deemed to allege intentional or negligent infliction of emotional distress, was properly dismissed...

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