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FIONDELLA v. 345 W. 70TH TENANTS CORP.

Index No. 152957/21. Appeal No. 447. Case No. 2021-03253.

217 A.D.3d 495 (2023)

190 N.Y.S.3d 367

2023 NY Slip Op 03194

Paul Fiondella, Appellant, v. 345 West 70th Tenants Corp., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 13, 2023.

Attorney(s) appearing for the Case

Charla R. Bikman, East Hampton, for appellant.

Richland & Falkowski, PLLC, Washingtonville (Daniel H. Richland of counsel), for respondent.

Concur—Oing, J.P., Singh, Moulton, Scarpulla, Shulman, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered August 2, 2021, which, to the extent appealed from as limited by the briefs, granted defendant's motion to dismiss plaintiff's claims for retaliation under Real Property Law § 223-b, breach of the warranty of habitability, and attorneys' fees, unanimously modified, on the law, to deny the motion to dismiss the claim for breach of the warranty of habitability for the period that plaintiff occupied the...

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