Segal v. Justice Court Mutual Housing Cooperative, Inc.

Majority

p. 1074

Sadie Segal, Appellant, v Justice Court Mutual Housing Cooperative, Inc., Respondent.

Supreme Court, Appellate Term, Second Department,

April 29, 1981

APPEARANCES OF COUNSEL

William I. Weisberg for appellant. Raymond J. MacDonnell and Adolph B. Salib for respondent.

OPINION of the court

Memorandum.

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

The doctrine of implied warranty of habitability, as embodied in section 235-b 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 AD2d 534 ; Vaillant v La Berge, NYLJ, April 1, 1981, p 15, col 1).

Concur: Pino, P. J., Hirsch and Jones, JJ.

Cases cited

Segal v. Justice Court Mutual Housing Cooperative, Inc. 105 Misc 2d 453 N.Y. Civ. Ct. 1980-10-02 p. 1074
Curry v. New York City Housing Authority 77 AD2d 534 N.Y. App. Div. 1980-07-17 p. 1074