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JOBE v. CHELSEA HOTEL OWNER LLC

Index No. 161445/19. Appeal No. 14308-14308A. Case Nos. 2020-04452, 2020-04486.

198 A.D.3d 440 (2021)

155 N.Y.S.3d 395

2021 NY Slip Op 05397

Linda Jobe et al., Appellants, v. Chelsea Hotel Owner LLC, Respondent.

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

Decided October 7, 2021.

Attorney(s) appearing for the Case

Leon I. Behar, P.C., New York ( Mitchell P. Heaney of counsel), for appellants.

Kasowitz Benson Torres LLP, New York ( Jennifer S. Recine of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.

Contrary to defendant's contention, the allegations in the complaint are sufficiently specific to state a cause of action for breach of the warranty of habitability implied in every residential lease (see Real Property Law § 235-b). For example, plaintiffs allege rodent and insect infestation, freezing conditions, lack of building security, and waste-line failure (see Park W. Mgt. Corp. v Mitchell, 47 N.Y.2d 316, 328...

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