Court Reinstates Warranty of Habitability Claim, but Not Others

NEW YORK - A New York appellate court has reinstated a warranty of habitability claim after finding that the tenant sufficiently pled economic loss, but the court said personal injury claims were untimely, as the lower court ruled. Wiesel v. 310 East 46 LLC, 2009 NY slip op 03849 [N.Y. Cty. Sup. Ct. No. 111890/2004] (N.Y. Sup. Ct., App. Div., 1st Dept.).

The New York Supreme Court Appellate Division, First Department, said in its May 14 opinion that the New York County Supreme Court "correctly declined to apply the extraordinary remedy of equitable estoppel to prevent defendant from asserting the …