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Appellate Terms of the Supreme Court of New York, 1981

Segal v. Justice Court Mutual Housing Cooperative, Inc.

Segal v. Justice Court Mutual Housing Cooperative, Inc.
Appellate Terms of the Supreme Court of New York · Decided April 29, 1981
108 Misc. 2d 1074; 442 N.Y.S.2d 686; 1981 N.Y. Misc. LEXIS 2337

Counsel

APPEARANCES OF COUNSEL, William I. Weisberg for appellant. Raymond J. MacDonnell and Adolph B. Salib for respondent.

Segal v. Justice Court Mutual Housing Cooperative, Inc.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.