[Civ Ct, NY County 1970]).
Here, the proprietary lease expressly provided that it is the
lessee’s responsibility to keep the interior walls, floors and ceil-
ings of the apartment in good repair.
The implied warranty of habitability cannot similarly be
waived or modified by contract (see Real Property Law § 235-b
[2]), and, thus, a tenant may be entitled to be reimbursed by
the landlord for repairs the tenant makes to the premises,
where the premises’ condition leaves them dangerous, hazard-
ous or detrimental to his life, health or safety in violation of
the statutory warranty of habitability, notwithstanding a pro-
vision in the lease purporting to shift the responsibility of
repairs to the tenant (see id.; Spatz v Axelrod Mgt. Co., 165
Misc 2d 759 [Yonkers City Ct 1995]). Here, in view of defend-
ant 1802’s failure to properly repair the water damage and
GRINBERG v EISSENBERG [58 Misc 3d 84] 87
mold in plaintiff’s apartment resulting from the leak, defend-
ant 1802 breached the warranty of habitability. Consequently,
plaintiff is entitled to recover from defendant 1802 the expen-
ses he incurred in repairing the conditions (see Missionary
Sisters of Sacred Heart v Meer, 131 AD2d 393 [1987]; Spatz v
Axelrod Mgt. Co., 165 Misc 2d 759 [1995]).
We have examined plaintiff’s remaining contentions and find
them to be without merit.
Accordingly, the judgment is modified by deleting the provi-
sion thereof dismissing so much of the complaint as was as-
serted against defendant 1802 Ocean Parkway Owners, Inc.;
as so modified, the judgment is affirmed and the matter is
remitted to the Civil Court for the entry of an appropriate
amended judgment awarding plaintiff the principal sum of
$4,650 plus interest and costs as against that defendant.