SCHWARTZ v. 170 W. END OWNERS CORP.

6717, 102124/15.

161 A.D.3d 693 (2018)

2018 NY Slip Op 03899

Martha Schwartz, Appellant, v. 170 West End Owners Corp., Defendant, and ACP Realty Group Inc., Respondent.

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

Decided May 31, 2018.


ACP demonstrated its entitlement to judgment as a matter of law in this action where plaintiff alleges, inter alia, breach of the warranty of habitability. ACP submitted the affidavit of its employee, who noted that all the conditions cited in the complaint were remedied, apart from those requiring access to plaintiff's apartment, which she denied.

In opposition, plaintiff failed to raise a triable issue of fact. Based on the affirmation of plaintiff's attorney, it...

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