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Landlord & Tenant Law
Issues of Fact Preclude Summary Judgment on Habitability Claim
Clarke v. Fifth Ave. Development Co., LLC, 2022 WL 17490826, AppDiv, First Dept. (memorandum opinion)
In tenants' action for fraud and breach of the warranty of habitability, tenants appealed from Supreme Court's denial of their summary judgment motion. The Appellate Division affirmed, holding that issues of fact precluded summary judgment on the habitability claim.
Tenants alleged that landlord advertised elevator service on the building website, but never indicated that repairs would take the elevator temporarily out of service. Based on these facts, tenants asserted claims for fraud, breach of the warranty of habitability, and constructive eviction. Supreme Court denied tenants' summary judgment motion.
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