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Steinberg v. Carreras

77 Misc. 2d 774 Court Supreme Court, Appellate Term, First Department, Decision date 1974-06-12 English

Decision Majority — Per Curiam. · Concurring — Quinn, J.

Contents
p. 774
Samuel Steinberg, as Attorney for 51 West 81st Co., Appellant, v. Juana Carreras et al., Respondents.
Supreme Court, Appellate Term, First Department,
June 12, 1974.
p. 775
Samuel Steinberg, appellant in person. Daniel Finkelstein for respondents.

While the trial court, consistent with the authority of Levine v. Ehrenberg (N. Y. L. J., June 11,1973, p. 18, col. 2 [App. Term, 1st Dept.]) was justified, in the circumstances of this case, in finding for tenants on the counterclaims, nevertheless, there was a lack of adequate proof of the reduced value of the apartments as a result of the landlord’s failure to supply heat (Borchardt v. Parker, 108 N. Y. S. 585 [App. Term, 1st Dept.]; see, also, 1900-51st St. Corp. v. Dennis, 182 Misc. 127 [App. Term, 2d Dept.]; Jackson v. Paterno, 58 Misc. 201 [App. Term, 1st Dept.], affd. 128 App. Div. 474 ; Levine v. Ehrenberg, supra).

(concurring). I concur only under constraint of Levine v. Ehrenberg (N. Y. L. J., June 11,1973, p. 18, col. 2 [App. Term, 1st Dept.]) implicitly overruling our earlier decision in Orlowsky v. East House Enterprises ( 32 Misc 2d 664 ).

Frank, J. P., and Dudley, J., concur in Per Curiam opinion; Quinn, J., concurs in memorandum.

Final judgments, to the extent appealed from, reversed without costs and new trial ordered, limited to the issue of the amounts due as setoffs against the rent arrears.

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