360 West 51st Street Realty, LLC v. Cornell

Appellate Terms of the Supreme Court of New York

360 West 51st Street Realty, LLC v. Cornell

14 Misc. 3d 90

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 30, 2007

StatusPublished

Cited by2 cases

This text of 14 Misc. 3d 90 (360 West 51st Street Realty, LLC v. Cornell) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

360 West 51st Street Realty, LLC v. Cornell, 14 Misc. 3d 90 (N.Y. Ct. App. 2007).

Pincite

Opinion

OPINION OF THE COURT

Per Curiam.

Final judgment, entered August 22, 2005, affirmed, with $25 costs. Appeal from orders, entered June 15, 2004 and June 10, 2004, dismissed, without costs, as subsumed in the appeal from the final judgment.

A fair interpretation of the voluminous trial evidence, including the opinion testimony offered by tenant’s environmental and medical experts, supports the trial court’s fact-laden determination that landlord breached the warranty of habitability through its demolition and debris removal work in the building’s basement, which caused “metallic dust and fungi” to enter into tenant’s ground floor apartment (see Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979], cert denied 444 US 992 [1979]). The record shows that tenant promptly notified landlord of the deleterious health effects caused by its construction, and, as the trial court expressly found, landlord “did absolutely nothing to examine her complaint or acknowledge the possibility of a problem or call in an expert to evaluate the situation.” The abatement award, though substantial, was warranted in light of the serious nature of the apartment conditions shown to exist.

We have considered landlord’s remaining arguments and find them unavailing.

McKeon, P.J., Davis and Schoenfeld, JJ, concur.

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OPINION OF THE COURT

Per Curiam.

Final judgment, entered August 22, 2005, affirmed, with $25 costs. Appeal from orders, entered June 15, 2004 and June 10, 2004, dismissed, without costs, as subsumed in the appeal from the final judgment.

A fair interpretation of the voluminous trial evidence, including the opinion testimony offered by tenant’s environmental and medical experts, supports the trial court’s fact-laden determination that landlord breached the warranty of habitability through its demolition and debris removal work in the building’s basement, which caused “metallic dust and fungi” to enter into tenant’s ground floor apartment (see Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979], cert denied 444 US 992 [1979]). The record shows that tenant promptly notified landlord of the deleterious health effects caused by its construction, and, as the trial court expressly found, landlord “did absolutely nothing to examine her complaint or acknowledge the possibility of a problem or call in an expert to evaluate the situation.” The abatement award, though substantial, was warranted in light of the serious nature of the apartment conditions shown to exist.

We have considered landlord’s remaining arguments and find them unavailing.

McKeon, P.J., Davis and Schoenfeld, JJ, concur.

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Bluebook (online)

14 Misc. 3d 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/360-west-51st-street-realty-llc-v-cornell-nyappterm-2007.

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