Ocean Rock Associates v. Cruz

Full title: OCEAN ROCK ASSOCIATES, Appellant, v. ALFRED CRUZ et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Nov 25, 1980

51 N.Y.2d 1001 (N.Y. 1980)

435 N.Y.S.2d 981

417 N.E.2d 93

Opinion

Argued November 14, 1980

Decided November 25, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BURTON S. JOSEPH, J.

Stanley L. Shapiro for appellant.

Robert K. Drinan, John C. Schaeffer, Jr., Michael J. Obus and Rocky Piaggione for respondents.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the majority at the Appellate Division that there was sufficient evidence to sustain the trial court's determination that appellant landlord breached the implied warranty of habitability and that in view of the breach being substantial, the abatement of rent was proper (cf. Park West Mgt. Corp. v Mitchell, 47 N.Y.2d 316, 329).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.