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EDSTROM v. ST. NICKS ALLIANCE CORP.

Index No. 159450/14. Appeal No. 13830. Case No. 2021-00439.

194 A.D.3d 518 (2021)

2021 NY Slip Op 03112

James Edstrom et al., Appellants, v. St. Nicks Alliance Corp. et al., Respondents.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Law Office of John F. McHugh, New York ( John F. McHugh of counsel), for appellants.

Gordon Rees Scully Mansukhani, LLP, New York ( Ryan James Sestack of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

Plaintiffs were the tenants of an apartment in the building owned and operated by defendants as landlord and managing agent, asserting violations of the warranty of habitability and federal and state housing discrimination laws. We reverse the award of summary judgment to defendants on the first cause of action, asserting a breach of the warranty of habitability, as the motion court should not have resolved the questions of fact...

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