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NOTRE DAME LEASING v. ROSARIO

2 N.Y.3d 459 (2004)

812 N.E.2d 291

779 N.Y.S.2d 801

In the Matter of NOTRE DAME LEASING, LLC, Respondent, v. ALEXANDRA ROSARIO et al., Appellants.

Court of Appeals of the State of New York.

Decided May 11, 2004.

Attorney(s) appearing for the Case

Queens Legal Services Corporation, Jamaica (Carl O. Callender and Randolph Petsche of counsel), for appellant.

Pennisi, Daniels & Norelli, LLP, Rego Park (Denise M. May of counsel), for respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Marta Ross, Edward F.X. Hart and Tayo Kurzman of counsel), for City of New York, amicus curiae.

Legal Aid Society, Kew Gardens (Susan Gibson O'Gara, Josephine C. Flores, Alan Canner and April Newbauer of counsel), amicus curiae.

Community Service Society of New York, New York City (Juan Cartagena and Risa E. Kaufman of counsel), amicus curiae.

Chief Judge Kaye and Judges Graffeo, Read and R.S. Smith concur with Judge Rosenblatt; Judge Ciparick dissents and votes to reverse in a separate opinion in which Judge G.B. Smith concurs.

OPINION OF THE COURT

ROSENBLATT, J.

On this appeal, we must determine the circumstances under which Social Services Law § 143-b (5) (a) (the Spiegel Law) allows a social services tenant to withhold rent based on dangerous violations in the building.

I.

Alexandra Rosario (tenant) resides with her husband and children in a Queens apartment owned by Notre Dame Leasing, LLC (landlord). The tenant, who receives public assistance, pays only...

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