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.