Tenants Win Summary Judgment on Liability for Habitability Claim

NEW YORK - A New York judge has awarded summary judgment to tenants on a claim for breach of the implied warranty of habitability, leaving the issue of damages for trial. Dundy v. Hanover River House Inc., et al., No. 108394/06 (N.Y. Sup. Ct., N.Y. Cty.).

In the same Dec. 1 order, Justice Joan A. Madden denied a motion by Alison and Richard Dundy for summary judgment on their construction eviction cause of action.

The Dundys sued their building owner, Hanover River House Inc., and manager Midboro Management Inc., alleging that water infiltration beginning in late 2004 led to mold …