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Ocean Rock Associates v. Cruz

51 N.Y.2d 1001 Court N.Y. Decision date 1980-11-25 English

Judges Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Contents

Majority

p. 1001
Ocean Rock Associates, Appellant, v Alfred Cruz et al., Respondents.
Argued November 14, 1980;
decided November 25, 1980
p. 1002
APPEARANCES OF COUNSEL
Stanley L. Shapiro for appellant.
Robert K. Drinan, John C. Schaeffer, Jr., Michael J. Obus and Rocky Piaggione for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

p. 1003
We agree with the majority at the Appellate Division that there was sufficient evidence to sustain the trial court’s determination that appellant landlord breached the implied warranty of habitability and that in view of the breach being substantial, the abatement of rent was proper (cf. Park West Mgt. Corp. v Mitchell, 47 NY2d 316 , 329).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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