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MASTRANGELO v. FIVE RIVERSIDE CORPORATION

262 A.D.2d 218 (1999)

692 N.Y.S.2d 350

MICHAEL F. MASTRANGELO, Appellant-Respondent, v. FIVE RIVERSIDE CORPORATION, Respondent-Appellant.

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

Decided June 24, 1999.

The trial court correctly calculated the amount of plaintiff's damages for defendant's breach of the warranty of habitability (Real Property Law § 235-b) as the difference between the maintenance paid by plaintiff and the rental value of the premises during the period of the breach (Elkman v Southgate Owners Corp., 233 A.D.2d 104; cf., Young v GSL Enters., 237 A.D.2d 119). Loss or diminution...

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