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DiGENNARO v. SCHMID

13 Misc.3d 107 (2006)

827 N.Y.S.2d 437

JANIS DiGENNARO, Respondent, v. H.G. SCHMID, Individually and Doing Business as KEMP REALTY, et al., Appellants.

Supreme Court, Appellate Term, Second Department.

October 11, 2006.

Attorney(s) appearing for the Case

M. Angelo Genova, III, New York City, for appellants.

RUDOLPH, P.J., McCABE and LIPPMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed without costs, counterclaim reinstated, and plaintiff's motion for summary judgment, insofar as reviewed, denied.

In this action by plaintiff, defendants' former tenant, for damages stemming from, among other things, defendants' alleged breach of the warranty of habitability, plaintiff moved for summary judgment based upon...

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