The motion court properly denied plaintiffs' motion for partial summary judgment on their causes of action for breach of warranty of habitability (second), breach of the covenant of quiet enjoyment (third), eviction (sixth), and negligence under the theory of res ipsa loquitur (eighth). The record presents triable issues of fact as to defendant cooperative's liability for causing the damage to plaintiffs' apartment and for failing to make the required repairs in a timely...
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