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eBook details

• Title: Eastco v. Walter Fischman
• Author : Supreme Court of New York
• Release Date : January 02, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

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 Housing Authority, 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.

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