Breach Can't Be Used as Defense in Pass-On Case
LVT Number: 13600
(Decision submitted by Jennifer A. Ecker of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict occupant after rent-stabilized tenant died. Occupant raised a number of defenses, including breach of the warranty of habitability. The court ruled against occupant on the habitability issue. The issue of breach of the warranty of habitability isn't a valid defense in a pass-on rights case.
Chester Brady Ave. LLP v. Rivera: L&T Index No. 28793/99 (8/2/99) (Civ. Ct. Bronx; Doherty, J) [4-pg. doc.]
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