Park West Mgmt. Corp. v. Mitchell, 47 N.Y.2d 316 (1979)
- Citation
- Park West Mgmt. Corp. v. Mitchell, 47 N.Y.2d 316 (1979)
- Parent Document
- Park West Mgmt. Corp. v. Mitchell, 47 N.Y.2d 316 (1979)
- Jurisdiction
- New York (state)
Other Sections in This Document (3)
- Park West Mgmt. Corp. v. Mitchell, 47 N.Y.2d 316 (1979)
- Park West Mgmt. Corp. v. Mitchell, 47 N.Y.2d 316 (1979)
- Park West Mgmt. Corp. v. Mitchell, 47 N.Y.2d 316 (1979)
Full Text
565 charsHolding: New York Court of Appeals interpreted N.Y. Real Prop. Law § 235-b (implied warranty of habitability). Held that the proper measure of damages for breach is the difference between the rent reserved under the lease and the fair market value of the premises during the period of breach. Tenants may obtain rent abatement by either (a) filing an action for breach or (b) raising the warranty as an affirmative defense to a nonpayment summary proceeding. The case sets the standard for habitability remedies in NY and is the most-cited tenant case in the state.