MENGONI v. PASSY


254 A.D.2d 203 (1998)

679 N.Y.S.2d 122

Fred Mengoni, Appellant, v. Marc Passy, Respondent

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

October 27, 1998


We decline to disturb the factual determination reached by the Civil Court and a majority of the Appellate Term that the appliances and items removed and replaced or fixed by respondent — including kitchen cabinets, air conditioners, refrigerators and bathroom sink — were in a defective state, and that the landlord did not respond to tenant's repeated complaints and demands to have the items fixed (see, Thoreson v Penthouse Intl.,

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