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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)

Citation
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Parent Document
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Jurisdiction
New York (state)
Effective Date
2000-02-09

Full Text

1,172 chars
The evidence presented by respondent in support of his counterclaim for breach of warranty of habitability begins in August 1999 with his fax, dated August 10, 1999, notifying petitioner about a leak in the bathroom ceiling. Respondent included a request to restore lights in the bathroom, to correct a structural defect in the bathroom wall and ceiling, to replace bathroom tiles and do caulking, repair the kitchen sink cabinet, and repair the kitchen stove. Respondent testified credibly that in addition to the fax sent to “Arthur,” he also called the super and informed him that the water leaking from the bathroom ceiling was coming through the electrical light fixture in the bathroom, and that the chronic and reoccurring crack in the bathroom wall had returned. The super came to respondent’s apartment and inspected the bathroom in response to the August 1999 fax. Several weeks later, when no repairs had been attempted, the super informed respondent Henry that the roof leak, the apparent cause of the bathroom leaks, had still not yet been repaired. Mr. Brown testified that a roof repair is not within the province of the super and it is an “unusual” repair.