Segal v. Justice Court Mutual Housing Cooperative, Inc.

108 Misc. 2d 1074 | N.Y. App. Term. | 1981

OPINION of the court

Memorandum.

Order (105 Misc 2d 453) affirmed, without costs.

The doctrine of implied warranty of habitability, as embodied in section 235-b of the Real Property Law, was not intended to extend the principle of strict liability to landlords with regard to wrongs that traditionally have been the area of tort liability (see Curry v New York City Housing Auth., 77 AD2d 534; Vaillant v La Berge, NYLJ, April 1, 1981, p 15, col 1).

Concur: Pino, P. J., Hirsch and Jones, JJ.