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40 Eastco v. Fischman

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1989
155 A.D.2d 231 (N.Y. App. Div. 1989)

Opinion

November 2, 1989

Appeal from the Supreme Court, New York County (Martin Evans, J.).


Real Property Law § 235-b does not permit a tenant to recover damage to his personal property resulting from a breach of the warranty. (See, Curry v New York City Hous. Auth., 77 A.D.2d 534. ) Further, while the trial court may have applied an overly technical interpretation to counsel's remarks, nevertheless, no error occurred because based upon counsel's remarks and the prior proceedings, it is clear that defendant was left with no viable counterclaim. There was no unlawful eviction or detainer, nor did plaintiff commit a prima facie tort, because defendant was put out of the premises by a fire which rendered the premises uninhabitable. Any proof that the fire was intentionally set by the plaintiff was properly precluded based upon a prior order, the validity of which is not directly challenged on appeal.

Concur — Murphy, P.J., Milonas, Wallach and Rubin, JJ.


Summaries of

40 Eastco v. Fischman

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1989
155 A.D.2d 231 (N.Y. App. Div. 1989)
Case details for

40 Eastco v. Fischman

Case Details

Full title:40 EASTCO, Respondent, v. WALTER FISCHMAN et al., Defendants, and KILA R…

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

Date published: Nov 2, 1989

Citations

155 A.D.2d 231 (N.Y. App. Div. 1989)
546 N.Y.S.2d 614

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