Description
The defendants are approximately 80 tenants of a 300-unit luxury apartment building on the upper east side of Manhattan. The monthly rents in the all-glass-enclosed building, which won several architectural awards, were very high. The landlord brought a summary proceeding against the tenants to recover rent when they engaged in a rent strike in protest against what they viewed as deteriorating conditions and services. Among other things, the evidence showed that during the period in question, the elevator system made tenants and their guests wait interminable lengths of time, the elevators skipped floors and opened on the wrong floors, a stench emanated from garbage stored near the garage and mice appeared in that area, fixtures were missing in public areas, water seeped into mailboxes, the air conditioning in the lobby was inoperative, and air conditioners in individual units leaked. The defendant-tenants sought abatement of rent for breach of the implied warranty of habitability. Did the landlord breach the implied warranty of habitability? Solow v. Wellner, 150 Misc.2d 642, 569 N.Y.S.2d 882, 1991 N.Y. Misc. 169 (Civil Court of the City of New York)
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Introduction
Summarizes the Solow v. Wellner procedural and legal facts.
Body
It elaborates with a discussion on the merits of the case and how the courts made a decision.
Conclusion
Summarizes how the court arrived at its conclusion logically.
RUNNING HEAD: CASE LAW INTERPRETATION
Case Law Interpretation: Solow v. Wellner
Course
Student’s Name
Date
1
CASE LAW INTERPRETATION
2
Memorandum
To:
From:
RE: Solow v. Wellner
Date: July 30, 2020
Question Answered
Did the landlord breach the implied warranty of habitability ( “the implied warranty”
hereon)?
Short Answer
The landlord breached the implied warranty.
Statement of Facts
Procedural history
A landlord; Solow Management Corporation, filed a suit at the Civil Court of the City
of New York (Solow v. Wellner, 150 Misc.2d 642, 569 N.Y.S.2d 882, 1991 N.Y. Misc. 169)
to recover monthly rent against 80 tenants. The trial court judged that the Solow breached...