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LEVENTRITT v. 520 EAST 86TH STREET, INC.

266 A.D.2d 45 (1999)

698 N.Y.S.2d 20

FRANCES LEVENTRITT, Appellant, v. 520 EAST 86TH STREET, INC., Respondent. FRANCES LEVENTRITT, Appellant, v. CAROLYN ECKSTEIN et al., Respondents.

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

Decided November 9, 1999.

The trial court properly found that the damages caused by defendant 520 East 86th Street's breach of its warranty of habitability during the period from November 1988 to December 1990 were subsumed within the parties April 15, 1988 stipulation of settlement, which provided that plaintiff would receive a 50% maintenance abatement from May 1988 until all repairs were completed, and a $56,000 property damage award, in exchange for discontinuing her causes of action.

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