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Segal v. Justice Court Mutual Housing Cooperative

Supreme Court, Appellate Term, Second Department
Apr 29, 1981
108 Misc. 2d 1074 (N.Y. App. Term 1981)

Opinion

April 29, 1981

Appeal from the Civil Court of the City of New York, Queens County, THOMAS V. LA FAUCI, J.

William I. Weisberg for appellant.

Raymond J. MacDonnell and Adolph B. Salib for respondent.


MEMORANDUM.

Order ( 105 Misc.2d 453) affirmed, without costs.

The doctrine of implied warranty of habitability, as embodied in section 235-b Real Prop. of the Real Property Law, was not intended to extend the principle of strict liability to landlords with regard to wrongs that traditionally have been the area of tort liability (see Curry v. New York City Housing Auth., 77 A.D.2d 534; Vaillant v. La Berge, NYLJ, April 1, 1981, p. 15, col 1).

Concur: PINO, P.J., HIRSCH and JONES, JJ.


Summaries of

Segal v. Justice Court Mutual Housing Cooperative

Supreme Court, Appellate Term, Second Department
Apr 29, 1981
108 Misc. 2d 1074 (N.Y. App. Term 1981)
Case details for

Segal v. Justice Court Mutual Housing Cooperative

Case Details

Full title:SADIE SEGAL, Appellant, v. JUSTICE COURT MUTUAL HOUSING COOPERATIVE, INC.…

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 29, 1981

Citations

108 Misc. 2d 1074 (N.Y. App. Term 1981)
442 N.Y.S.2d 686

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