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GRANIRER v. THE BAKERY INC.

54 A.D.3d 269 (2008)

DAN GRANIRER et al., Appellants-Respondents, v. THE BAKERY, INC., et al., Respondents-Appellants.

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

August 12, 2008.

While triable factual issues exist as to the cooperative defendant's failure to make the required repairs and whether plaintiff denied it access to the apartment, the evidence that the apartment cannot be safely inhabited in its present condition supports a 100% abatement of plaintiffs' maintenance, as authorized by their proprietary lease. We reject defendants' contention that plaintiffs' abatement should not include their contribution...

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