Opinion
December 14, 1993
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
In detailed and undisputed affidavits, plaintiffs demonstrated material breaches of both the express terms of the lease and the implied warranty of habitability (see, Park W. Mgt. Corp. v Mitchell, 47 N.Y.2d 316, cert denied 444 U.S. 992), including failure to furnish heat and hot water (see, Salvan v 127 Mgt. Corp., 101 A.D.2d 721), and presence of filth and vermin (supra).
We have considered the defendants' arguments, and find them to be without merit.
Concur — Ellerin, J.P., Kupferman, Rubin and Nardelli, JJ.